IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


I.I 


1.25 


m  111^  i^ 

"°  IM    1112,2 


116 


1.4 


2.0 


1.8 


1.6 


V] 


<? 


/}. 


o 


^A 


m 


VI 


VI 


o 


% 


/ 


y^ 


Photographic 

Sdences 

Corporation 


A"^ 


^ 


^^ 


\ 


0^ 


:\ 


\ 


«^ 


tv 


6^ 


^ 


«ti 


rv^ 


^'^ 


23  WES/  MAIN  STftfiir 

WEESTth,  ^.Y.  14580 

'716,  872-4503 


'% 


n? 


£?«.  ' 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


□    Coloured  covers/ 
Couverture  de  couleur 

□    Covers  damaged/ 
Couverture  endommagee 

□    Covers  restored  and/or  laminated/ 
Couverture  restaur6e  et/ou  pellicul^e 


□ 

□ 
D 
D 


n 


Cover  title  missing/ 

Le  titre  de  couverture  manque 


Coloured  maps/ 

Cartes  g^ographiques  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

Coloured  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
Relie  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  reliure  serree  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  int^rieuro 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajout^es 
Jors  dune  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  6tait  possible,  ces  pages  n'ont 
pas  et6  fi  m^es. 


L'Institut  a  microfilmd  le  meilleur  exemplaire 
qu'il  lui  a  6t6  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  mdthode  normale  de  filmage 
sont  indiqu^s  ci-dessous. 


n 


Coloured  pages/ 
Pages  de  couleur 


□    Pages  damaged/ 
Pages  endommagdes 

□    Pages  restored  and/or  laminated/ 
Pages  restaurdes  et/ou  pellicul^es 


□ 


□ 


D 


Pages  discoloured,  stai  led  or  foxed/ 
Pages  d6color§es,  tachet^es  ou  piquees 


□    Pages  detached/ 
Pages  d^tachees 


Showthrough/ 
Transparence 


□    Quality  of  print  varies/ 
Qualit4  inegale  de  I'impression 

□    Includes  supplementary  material/ 
Comprend  du  materiel  supplementaire 

□    Only  edition  available/ 
Seule  Edition  disponible 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  6t6  film6es  d  nouveau  de  facon  i 
obtenir  la  meilleure  image  possible. 


□ 


Additional  comments:/ 
Commentaires  supplementaires; 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film6  au  taux  de  reduction  indiqu6  ci-dessous 

10X                             14X                              18X                             22X 

26X 

SOX 

■ 

/ 

12X                              16X                             20X 

24X                             28X                             32X 

The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 


Library  of  the  Public 
Archives  of  Canada 


L'exemplaire  filmd  fut  reproduit  grdce  d  la 
g6n6rosit6  de: 

La  bibliothdque  des  Archives 
publiques  du  Canada 


The  images  appearing  here  are  the  bast  quality 
possible  considering  the  condition  and  legibility 
of  r^9  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  —»- (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettet6  de  l'exemplaire  film6,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 

Les  exemplaires  originaux  dont  la  couvsrture  en 
papier  est  imprimie  sont  film^s  en  commenqant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  film6s  en  commen9ant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparattra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  — ^^  signifie  "A  SUIVRE",  le 
symbole  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
film6s  &  des  taux  de  reduction  diffdrents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  clich6,  il  est  filmd  d  partir 
de  Tangle  sup6rieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  ndcessaire.  Les  diagrammes  suivants 
illustrent  la  mdthode. 


32X 


1 

2 

3 

4 

5 

6 

I 


ij 


: 


SEAL  FISIIEIIIES  OF  UEIIKINd  SEA. 


MESSAGE 


VILOM    IHK 


Phksidknt  of  tiik  ILnitkd  Stated 


s 


TltANSMrniXU 


M 


LKT'IKU    FK'OM    THE  SKCKETAUY   OF   STATE,    WITH    ACCO.Nn'AWlXi; 

I'Al'Elf.S,  TOIICHIXG  THE  .Slli.JECTS  JN  DISITTE  HETWKEN    IHE 

(iOVEIiXMEXT  OK  THE  UMTED  STATES  AM)  THE  (;(>V- 

ER\.ME\T()F(;KEAr  ItlHTAlN  IN  THE   l!EHlUN(i 

SEA,     INCLUHENX;     AEL     COMMUMCA- 

TIONS   SINCE  MARCH    I,  1,-S!». 


WASHIXGTON: 

GOVERNMENT   PRINTING   OFFICE. 
1890. 


SEAL  FISHERIKS  OF  HEHRING  SEA. 


MESS  A  (J  E 


KROM     rilK 


Pl{E8IJ)ENT  OF  TlIK  UNITED  STATES 


TKANSMirriNG 


A    LETTER    FROM   THE    SECRETARY   OF   STATE,    WITF£    \o'(JOMPANYING 
PAPERS,  TOUCHING  THE  SUBJECTS  IN  DISPUTE  lJhT'VVi.,:,f  THE 
GOVERNMENT  OF  THE  UNITED  STATES  AND  THE  GOV- 
"^     ERNMENT  OF  GREAT  BRITAIN  IN  THE  BEHRING 
SEA,     INCLUDING    ALL    COMMUNICA- 
TIONS SINCE   MARCH  4,  IdSl). 


i 

WASHIISGTON: 

GOVERNMENT   PRINTING   OFFICE, 
1890. 


wm 


^j^BpiaHPWW 


^ 


( ^ 

T( 

' 

St 

ol 

yf 

(!a 

(li 

T] 

51sT  ('(»N(il!i;ss. 

I.s7  .SV  ssiuit. 


UOUISI^  OF  JfEriJESENTATlVES. 


I  Ex.  1)00. 
\    No.  450. 


SEAL  FISllElJJIvS  OF  IJEHUINCr  SEA. 


M  E  S  S  A  G  E 


FlIOM    TllR 


PRESIDENT  OF  THE  UNITED  STATES, 


TRANSMITTING 


A  letter  J'roiii  the  Secretary  of  State,  icith  accomiHdti/inn  papers,  touching 
the  subjects  in  dispute  between  the  Government  of  the  Cnited  States  and 
the  Gorcrnment  of  Great  Britain  in  the  Behring  Sea,  including  all  cow- 
munications  since  March  4,  1S80. 


July  2',i,  1890.  — KeCorrod  to  the  Committee  ou  Foreign  Ailairs. 


1 


To  the  Bouse  of  Eepresentatives  • 

In  resi)oiise  to  the  resolution  of  the  House  of  Representatives,  re- 
questino-  me,  if  in  my  judgment  not  incompatible  with  the  public  inter- 
est, to  furnish  to  the  Ilouse  the  correspondence  since  ]\Iarch  4,  1889, 
between  the  Government  of  the  United  States  and  the  Government  of 
Great  Britain  touchine:'  the  subjects  in  dispute  in  the  Behring-  Sea,  E 
transmit  a  letter  from  tlie  Secretary  of  State  which  is  accompanied  by 
the  corresi)ondence  referred  to  in  the  resolution. 

Benj.  nARRiS0]N\ 

Executive  Mansion, 

July  L»3,  1890. 


Bar  Harbor,  ]\rAiNE,  July  19, 1890. 
To  the  President  : 

Tiie  otticial  correspondence  between  tlu'  Government  <»f  the  I'nited 
Statesand  the  Government  of  Great  Ib'itain,,— touching  the  seal  lisheries 
of  Behring  Sea, — whose  transmission  to  the  House  of  licpresentatives 
you  directed  on  the  11th  ini^tant,  is  herewith  submitted.  All  communi- 
cations since  Miirch  4,  1889,  are  included.  A  map  will  accompany  my 
dispatch  of  June  30, 1890.  I  sin(  erely  regret  the  delay  la  transmission. 
The  correspondence  is  still  in  progress. 

1  am,  sir,  with  great  respect,  your  obeilient  servant, 

James  G.  Blaine. 


1 1 


2 


SEAL    FISHEUIKS    (»F    ItKHIJINO    SEA. 


LIST    nlf   Al  CoMI'AN\  l.Mi    I'AI'KU.S. 


1, 


1). 
HI. 
11. 

I'i. 
i:!. 


No. 

No. 

NO. 

No. 

No. 

N... 

N.). 
18H'.». 

N(i. 

No. 

No. 

No. 

No. 

No. 
l*t(). 

No.  U. 
•i-2,  1"<'J(). 

No.  1.'). 

No.  If). 

•No.  17. 

No.  18. 

No.  111. 

No.  •>(). 

No.  -Jl. 

No.  -"i. 
of.Snli.sb 

No.  -2;! 

No. 

No. 

No. 

No. 

No. 

No. 

No. 

No. 


Mr.  Kdwiinl.'s  to  Ml.  Hlaim-,  An},MiNt 'Jl,  l--'.i. 

.Mr.  I'.liiiiii'  lo  Mr.  Ildwiirilfs,  Aii.nnsi  -Jl,  !--'.•. 

Ml.  Ililwaiilcs  to  Mr.  Mlaiiif,  Aii;iiisl  ■.'.'>.  l.-''ll. 

Ml.  Kihviuili'M  to  .Mr.  Itliiinr,  Sciilfiiilicr  l-j.  l-'-K. 

.Mr.  Illiiiiic  to  .Mr.  KilwnidcM,  Scidcinlirr  II,  lrt~'J. 

J'lio  Miir(|iiis  of  Sali.slmr.v  to  Mr.  Kduiinlfs,  OctoUrr  "i,  M"*;». 

Tlio  ,Miin|iiis  of  .SaliKlmrv  to  Mr.  Edwai'ilos,  with  an  iiido-siin' 


OctolitM'  •.', 


Mr.  JMlwardeH  t(.  Mr.  HIaino,  October  \\,  IHH'.t. 

Mr.  Mlaiiif  to  Sir  .Iiilian  Pannci'l'otc.  .lanuary  •,»'2,  l"".»(t. 

Sir.liiliaii  I'auiKcrotc  to^[r.  Hlaiiw,  j'cl.riiary  10,  IHDO. 

Mr.  Klaiiif  lo  Sir.'iiiian  I'aiiiiol'otr,  wiili  an  inclo.siiro,  March  1,  1-itrt. 

Sir.iniian  i'anncfrotc  to  .Mr.  iilaiiii'.  with  an  inclosiirc,  Marcli  '.•,  l-^'.Xl. 

.Sir.liiiian  I'aiincol'otc  to  Mr.  lilaliu',  witli  an  iin  lo.Hurc,  roccivi'd  April  H", 

Tlitj  Marquis  of  Salisbury  to  Sir  .Julian  I'aiinccl'olc,  with  an  intiosiirf.  May 


•Jl. 


0•^_ 

:{it. 
:Jl. 


Sir 
Mr. 
Mr. 
Mr. 
Sir 
Mr. 
Sir 
Sir 
iirv, 
.Mr, 
Sir 
Sir 
Sir 
Mr 
Sir 
Sir 
Mr. 
Mr, 


.Tniiaii  raiinccfotc  to  .Mr.  Hlainc,  May  •,':'.,  1H1)(». 

Mlainc  to  Sir.iniian  I'aiincfiotc,  Mav  ',*(i,  HlH». 

r.iainc  to  Sir  .Julian  I'aiinct.'fotc,  May  -I'J,  MW. 

Hlaiin'  to  Sir  Julian  raiiiu'cfotc,  ,Imn'  'J,  IfJ'.lO. 

.Julian  I'aiinocfoto  to  Mr.  Hlaini',  .Jiiiu!  ;'.,  IH'JO. 

.  niaiiif  to  Sir  .Inlian  I'anncctotc,  .Jnni!  4,  IS'KI. 

.Julian  I'aiiiic«'fott>  to  Mr.  Mlainc,  .Jiino  ti,  181MI. 

.Julian  I'anncL'fotc  to  Mr.  Mlaino,  extract  from  telograni  from  the  Marquis 
received  .Jiiiu)  I),  l^'.ld. 

.  Blaine  to  Sir  .Jiilian  I'aiinrnfote,  .June  U,  IHJO. 
Julian  raniicefote  to  Mr.  HIaine,  .Iiiiio  II,  16W). 
Julian  Pauneefoto  to  Mr.  Mlaiuo  with  an  inclosiire,  Juno  II,  1S;I0. 
.Jnliau  Paiincefote  to  .Mr.  HIaine,  .June  -^7,  IHlHt. 

Hlainc  to  Sir  .Julian  I'iiiincefote.  with  iiiait,  Juno  '<\0,  lb9t) 
.Julian  raniicefote  to  Mr.  HIaine,  with  an  inclosiiro,  Jiiue  30,  I'^'JO. 
.Julian  ranncetote  to  Mr.  HIaine,  .June  :<(•,  Id'.Mi. 

Hlainc  to  Sir  .Julian  riiiincet'ote.  .July  -2.  1^'JO. 

Hlaiue  to  Sir  Julian  I'auncufotc,  July  U»,  I'i'JO, 


No.  1. 


Mr.  Edwardes  to  Mr.  Blaine. 

Bau  Harbor,  Aiigust  24,  1889. 

Sir  :  III  accordance  with  instruction.s  which  I  have  received  from  Her 
-Majesty's  Principal  Secretary  of  Sttite  for  Foreign  Ati'airs,  I  have  the 
honor  to  state  to  you  tliat  repeated  rumors  liave  of  late  reached  Her 
Maj^^sty's*  Government  that  United  States  cruisers  have  stopped, 
searclied,  and  even  .seiz'Ml  Britisli  vessels  in  JJehring  Sea  outside  of  the 
3-mile  limit  from  the  neaivst  land.  Although  no  otticial  coniirmation  of 
tliese  rumors  h;is  reached  Her  Majesty's  Government  there  appears  to 
be  no  reason  to  doubt  their  authenticity. 

1  am  desired  by  the  Manpiis  of  Salisbury  to  iiupiire  whether  the 
United  States  Governmenf  are  in  possession  of  similar  information,  and 
further  to  ask  tliat  stringent  instructions  may  be  sent  by  the  United 
States  Government,  at  the  earliest  momeni,  to  their  otUcers,  with  the 
view  to  prevent  the  possibility  of  such  occurrences  taking  place. 

In  continuation  of  my  instructions  I  have  the  honor  to  remind  you 
that  Her  Majesty's  Government  received  \ery  clear  assurances  histyetir 
from  Mr.  Bayard,  at  that  time  Secretary  of  State,  that  iieuding  the  dis- 
cussion of  the  general  (piestions  at  issue  no  further  interference  should 
take  place  with  British  vessels  in  Behring  Sea. 


SKAL    riSUKKIF.S    OF    I]E:iI!IN(i    SKA. 


8 


III  coiicliiMioii,  tlio  Miirquis  of  Siilislmn  (losiivs  iiic  to  say  lliiit  Sir 
Julijui  i'amuH'totc,  Ih-r  MaJcNty's  Minister,  will  Itc  i)n'i)artMl  on  his 
rrtiirii  to  Washiiiji'ttm  in  tlu'  aiUmiin  to  (lisniss  the  whole  (incstion, 
41IhI  Her  Maii'st.v'.s  (lovcniiiit'iit  wish  to  point  out  to  tlu-  L'liitcd  States 
(ioveriiiiK'iit  that  a  settU'incnt  can  not  but  he  himh'red  bv  iiiiy  meas- 
ures of  force  whieh  may  be  resorted  to  by  tlic  United  States. 
1  have,  etc., 

U.    (i.    KnWARDES. 


No.  i:. 
M>'.  lUithic  to  Mr.  KdicxrdeH. 

liAU  IlARBOK,  AlKjHst  L't,  18.S!>. 

Sir:  I  have  the  honor  to  aeknowledjie  tlu'  reeeijjt  of  your  communi- 
cation of  this  date,  conveyiiij;  to  me  the  intelli^^tMice  "  that  repeated 
rumors  have  of  late  reached  Her  .Majesty's  (ioveriimeiit  that  United 
States  cruisers  have  stopped,  searched,  and  even  seized  British  vessels 
in  Jiehrinj;  Sea  outside  the  .'{-mile  limit  from  the  nearest  land."  ^Vnd 
you  add  that,  "although  no  olticiial  (!oiifirmatioii  of  these  rumors  has 
reached  Her  Majesty's  (roverument,  there  appears  to  be  no  reason  to 
doubt  their  authenticity." 

In  reply  I  have  the  honor  to  state  that  the  same  rumors,  j)robabIy 
based  on  truth,  have  reached  the  Government  of  the  United  States, 
but  that  up  to  this  date  there  has  been  no  otlicial  communication  received 
on  the  subject. 

It  has  been  and  is  tlie  earnest  desire  of  the  l*resident  of  the  United 
States  to  have  sucl:  an  adjustment  as  shall  remove  all  possible  <(round 
of  misunderstanding'  with  Her  Majesty's  (Toveniment  con<;eriiing  the 
existing  troubles  in  tlie  Behving  Sea ;  and  the  I'resident  believes  that  the 
responsibility  for  delay  in  the  adjustment  can  not  be  properly  charged 
to  the  Government  of  the  United  States. 

1  beg  you  will  express  to  the  INlarquis  of  Salisbury  the  gratification 
with  whicli  the  Government  of  the  United  States  learns  that  Sir  Julian 
Pauncefote,  Her  Majesty's  minister,  will  be  i)repared,  on  his  leturn  to 
Washington  in  tlie  autumn,  to  discuss  the  whole  question.  It  gives  me 
pleasure  to  assure  you  that  the  Government  of  the  United  States  will 
endeavor  to  be  prei)ared  for  the  discussion,  and  that  in  the  oi>iiiion  of 
the  President,  the  points  at  issue  between  the  two  governments  are 
capable  of  prompt  adjustment  on  aba'^is  entirely  honorable  to  both. 
I  have,  etc., 

James  G.  Blaine. 


No.  3. 
Mr.  J'.dicardes  to  Mr.  Blaine. 

P.AR  Hari^or,  A!///i<.vf  25,  1SS9. 

Sir:  1  had  the  honor  to  receive  yesterday  your  note  in  which  you 
have  been  good  enough  to  inform  me,  with  respect  to  the  repeated  ru- 
mors which  have  of  late  reached  Her  j\Iajesty's  Government  of  the 
search  and  seizure  of  British  vessels  m  liehring  Sea  by  United  States 
cruisers,  that  the  same  rumors,  probably  based  on  truth,  have  reached 


I** 


4  SKAL    riSllKIMKS    (»F    IMlllKINci    SKA. 

the  rmti'd  Slalt's  (lovcniniciit,  Imt  tlmt  up  to  tins  datr  llicrt'  lias  been 
no  oilicial  ('(uiiiiiiiMicatiuii  ici'civcd  on  tlir  siilii«-ct. 

At  the  waiiie  tiiiu*  .von  lniv<'  done  nie  the  honor  to  inform  me  ,hat  it 
has  hecn  and  is  the  earnest  dcsiic  of  the  I'resideiit  ol'  \Uv  I  nitcd  Slates 
to  ha\e  sncli  an  adjnsfnicnt  as  shall  icniovc  all  possible  /j^khumI  oT  mis 
nndei'standiny  with  Her  Majesty's  (}ov«'innient  eoneerninj'  the  exislin;;' 
tronhh's  in  the  {'.cluing  Sea;  an<l  that  the  I'lCNidrnt  helievrs  that  tlio 
responsd)ilit.v  tov  dehi.v  in  that  adjust nienl  ean  not  h"  piopcrl.v  (thar^-ed 
to  tlie  (iovernnient  el' the  I'nited  States. 

Von  request  ?nc  at  the  saiin*  tiuu'  to  express  to  the  INiarcpiis  of  Salis- 
hnry  the  };ratitieation  with  which  the  (nnernnient  of  the  I'niteil  States 
learns  that  Sir  .lulian  I'auneetbte,  ller  Majesty's  minister,  will  l»e  pre- 
]>ared  on  his  return  to  W  ashinj;ton  in  the  autumn  to  dis<Miss  the  whol(» 
(piestion,  and  .yon  are  -iood  enough  to  inform  nie  ot  the  pleasure  yon 
Inive  in  assuring;  me  that  the  (lovernnu-nt  of  the  I'nited  States  will 
endeayor  to  he  ]»repared  for  the  discussion,  and  that,  in  the  opinion  of 
the  l're,xi<kMit,  the  p(»ints  at  issue  between  the  two  (loyernnu'nts  are 
eai)al)le  of  prompt  adjustment  on  a  basis  entirely  honorable  to  both. 

1  ishall  lose  no  time  in  brinisin;;'  your  reply  to  the  knowled;;e  i>f  Her 
iMajestys  (iovt'inment,  who,  while  awaiting  an  answer  to  the  otliei'  in- 
(piiry  I  had  the  honor  to  make  to  yon,  will,  I  feel  eontident,  leeeive 
with  mneh  satisfaction  the  assuraiu-es  which  yon  have  been  f>'ood 
enough  to  make  to  me  in  your  note  of  yesterday's  date. 


I  ha  ye,  etc.. 


H.  G.  EinvAiiDES. 


^'o.  1. 

Mr.  TJdivardes  to  Mr.  Blaine. 

Washington,  September  12,  1881). 

My  I>EAK  Mi:.  ISlatnk:  I  should  be  very  much  oblij^ed  if  yon  would 
kindly  let  me  know  when  I  may  expect  an  answer  to  the  re(pu'st  of  Her 
]\Iajesty's  Government,  which  I  had  the  honor  of  (iomtnunicating' toyou 
in  my  note  of  the  24th  of  Anj;nst,  that  instructions  may  be  sent  to 
Alaska  to  i)revent  the  jxtssibility  of  the  seizure  of  Uritish  ships  in 
Ik'hrinj;'  Sea.  Her  Majesty's  (iovernment  are  earnestly  awaiting  the 
reply  of  the  United  States  Government  on  this  subject,  as  the  recent 
reports  of  seizures  havinji'  taken  place  are  causing"  much  excitement  both 
in  England  and  in  Canada. 
J  remain,  etc., 

H.  G.  Edavakbes. 


!No.  o. 

Mr.  Blaine  to  Mr.  Edtcardes. 

Baii  Harbor,  Septemher  14,  1889. 
Sii;:  I  have  the  homir  to  acknowledge  the  receipt  of  your  personal 
note  of  the  12th  instant,  yvritten  at  ^Vashington,  in  which  you  desire  to 
know  when  you  may  expect  an  answer  to  the  request  of  Her  Majesty's 
Government,  "that  instructions  may  be  sent  to  Alaska  to  prevent  the 
possibility  of  the  seizure  of  British  ships  in  Behriug  Sea." 


81:AI.    FlSllKlJllvs    OF    BKllUINQ    SEA.  O 

I  liiiil  sniipoMcd  tlijif  my  lutto  (»f'  Anunst  LM  would  siitisls  Ilci'  Miij- 
cst.v'.s  <l(»v('iiiiiM'iit  (»l  tlic  rn'.sidfurscanir.st  dt'siiv  to  comi'  to  a  tViciidly 
jmiTi'iiu'Ht  toiudiiii;;  idl  mattt'is  at  issini  b«'t\v<'(Mi  the  two  (rovonimciits 
in  relation  to  lit-liriiiu  ^^<'ii,  and  !  had  tiii'thfr  snitposcil  that  your  airn- 
tiou  ot  the  otlicial  iuNtftction  to  8ii'  duliau  raiincclotc  to  proccrtl  iui- 
nu'diately  after  Imm  arrival  in  ( )<'foh('i',  to  a  t'ud  di.s(!iission  of  tin*  lucstion, 
H'luovcd  all  neet'ssity  of  a  prelindiuiry  cornvspomlenci!  touchin;;'  its 
nn-rits. 

Keferriii};"  more  parlicidarly  to  the  oiietstion  of  whieh  you  repeat  the 
desire  of  your  ( lovernment  for  an  answer,  1  have  the  li»»iior  to  inform 
you  that  a  cate^^orical  response  wonhriiiive  lu'en  and  still  is  impracti 
eal»le. — unjust  to  tliis  ( lovei  nment,  and  mish-ailin;;-  to  tin*  (rovernment  of 
ller  Majt'sty.  It  was  therefore  tlu! .iud;;nn'nt  of  the  President  that  tiie 
whole  subject  could  nioi'e  wisely  be  icmaiided  to  the  Ibi'nial  <lisciission 
so  near  at  hand  which  ller  Majestv's  (Government  has  pi'oposed,  and  to 
whieh  the  Government  of  the  (jidtiMl  States  IniH  cordially  assented. 

It  is  proper,  however,  to  add  tlnitany  instruction  sent  to  I'.elii  iny:  Sea 
at  the  time  of  your  (trij^inal  ie>  iicsr,  up<»n  the  -Ith  of  Aii;;nst,  would 
have  failed  to  roiich  those  wateis  before  the  proposed  departure  of  the 
vessels  of  tiie  Tnited  States. 
I  havi',  etc., 

James  (r.  Blaine. 


Xo.  G. 
IVie  Marqiiifi  of  SdllsltKri/  to  Mr.  Ed  onrdex. 

fLtfl  lit  llic  DoimrtiiH'iit  of  Stut'-  iiy  ilr,  iOu wariiis.) 

FoRKKiX  OFFICK,    Iktohcr   1',  ISS!). 

SiK :  At  the  time  when  the  seizures  of  IJritish  ships  huntinfi'  seals  in 
Behring's  Sea  during  the  years  18S(i  and  1SS7  were  the  subjects  of  dis- 
<'Ussion  the  minister  of  the  ITnited  States  ma(h'  certain  overtures  to 
ller  Majesty's  GovernnuMit  with  respect  to  the  institution  of  acjlose  time 
tor  tlie  seal  lisliery,  for  the  ]>nri)ose  of  i>reveiitinj;  the  e.vtirpation  <d" 
the  species  in  that  part  of  the  world.  Without  in  any  way  admitting 
that  considerations  of  this  order  (iould  justify  the  seizure  of  vessels 
which  were  transgressing  no  rule  of  international  hiw,  Her  Majesty's 
Oovernment  were  very  ready  to  agree  that  the  subject  was  oiuMleNcrv- 
ing  of  the  gravest  attention  on  the  part  of  all  the  Goverinnents  inter- 
ested in  those  waters. 

The  Uussiau  Government  was  disposed  to  join  in  the  proposed  nego- 
tiations, but  they  were  suspemled  for  a  time  in  conse(|U(Ui(!e  of  objec- 
tions raised  by  the  Dondnion  of  Canada  and  of  doubts  thrown  on  the 
physical  data  on  which  any  restrictixc  legislation  must  have  been  based. 

ller  iMajesty's  Governuient  are  fully  sensible  ot  the  imi)ortanc(^  of  this 
question,  and  of  the  great  value  which  will  attach  to  an  interuational 
agreement  in  respect  to  it,  ami  ller  Majesty's  rei)resentative  will  be 
furnished  with  the  re(]uisite  instructions  in  case  the  Secretary  of  State 
shouhl  be  willing  to  enter  uj)()n  the  discussion. 

You  will  rend  this  disi)atch  and  my  dispatch  Xo.  205,  of  this  date,  to 
the  Secretary  of  State,  and,  if  he  should  desire  it,  you  are  authorized  to 
give  him  copies  of  them. 
I  am,  etc., 

Salisbury. 


6 


SEAL    FISHERIES    OF    BEIUMNG    SEA. 


li 


h 


No.  7. 
The  Marquis  of  Salinbury  to  Mr.  Edwardes. 

[Lol't  at  the  Depiirtni'.'nt  of  Static  by  Mr.  Edwardos.  ] 

Foreign  Office,  October  2,  188!)'. 

Sir:  In  my  dispatch  No.  17<t  of  the  17th  Au;,ni,st  last  I  fiiniished  you 
"with  copies  of  a  coiTesiioiuleiice  which  had  passed  between  this  de]>art- 
ment  and  the  coh)nial  otlice  on  tlie  subject  of  the  seizure  of  the  Cana- 
dian vessels  Black  Diamond  and  Trivuqth  in  the  Behring's  Sea  by  the 
United  States  revenue  cutter  linsh. 

1  have  now  received  aiul  transmit  herewith  a  copy  of  a  disi)atch  from 
the  ^overnor-greneral  of  Canada  to  the  secretary  of  state  for  the  colonies, 
which  incloses  copies  of  the  instructions  given  to  the  special  otlicer 
placed  on  board  the  Black  Diamond  by  the  oflicer  <!ominanding  the  Rush, 
and  of  a  letter  from  the  collector  of  customs  at  Victoria,  together  with 
the  sworn  athdavits  of  the  masters  of  the  two  Canadian  vessels. 

It  is  apparent  from  these  atUdavits  that  the  vessels  were  seized  at  a 
distance  from  land  far  in  excess  of  the  limit  of  maritime  jurisdiction 
which  any  nation  can  claim  by  international  law. 

The  cases  are  similar  in  this  respect  to  those  of  the  ships  Caroline, 
Onward,  and  Thornton,  which  were  seized  by  a  vessel  of  the  United 
States  outside  territorial  waters  in  the  summer  of  1887.  In  a  dispatch 
to  Sir  L.  West  dated  September  10,  1887,  which  was  communicated  to 
Mr.  Bayard,  1  drew  the  attention  of  the  Government  of  the  Unite«l 
States  to  the  illegality  of  these  proceedings,  and  exi)ressed  a  hope  that 
due  compensation  would  be  awarded  to  the  subjects  of  Her  Majesty 
who  had  suffered  from  them.  I  have  not,  since  that  time,  received  from 
the  Government  of  the  United  States  any  intimation  of  tlieir  intentions 
in  this  respect,  or  any  exi)lanation  of  the  grounds  ui)on  which  this  in- 
i<rferen(!e  with  the  British  sealers  had  been  authorized.  ]Mr.  B>ayard 
di<l,  indeed,  comnmnicate  to  us  unoilicially  an  assurance  that  no  further 
seizures  of  this  character  should  take  i)lace  pending  the  «liscussion  of 
the  (luestions  involved  between  the  two  governnuMits.  Her  ^Majesty's 
Government  much  regret  to  lind  that  this  understanding  has  not  been 
carried  forward  into  the  present  year,  and  that  nistructions  have  been 
issued  to  cruisers  of  the  United  States  to  seize  British  vessels  fishing 
for  seals  in  Behring's  Sea  outside  the  limit  of  territorial  waters.  The 
grounds  upon  whi(,'h  these  violent  measures  have  been  taken  have  not 
been  comiiuinicated  to  Her  Majesty's  Government,  and  remain  still  un- 
ex])lained. 

Ijut  in  view  of  the  unexpected  renewal  of  the  seizures  of  which  Her 
Majesty's  Government  have   previously  coni])lained,  it  is  my  duty  to 
l)rotest  against  them,  and  to  state  that,  in  the  opinion  of  Her  Majesty's 
Government,  they  are  wlioUy  unjustitied  by  international  law. 
I  am,  etc., 

Salisbury. 


I 


'  .liichisiire  1.1 

Mr.  Braimton  to  the  Under-Sccrctarii  of  stutc  for  Fin-fiiiii  Affairs. 

Colonial  OiFicK,  ISeptember  10,  1889. 
Siu:  With  refarenco  to  previous  coiTe.sponilenee  rcspectinji;  the  seizures  of  Cana- 
dian soiilerss  in  Jk'hrinj^'s  Sea,  I  nni  directed  by  Lord  KnntsCord  to  transmit  to  you  for 
(■oninuniication  to  the  inaM|iii«  of  Sali.sl)nry  a  (Mipy  of  a  dispatch  from  the  j;overnor- 
general  ot'tl'e  Doniiiiion  with  ils  iiiclosurcs  on  the  .subject. 
I  am,  etc., 

John  Bra:m8Tox. 


SEAL    nSIIEUIKS    OF    BEIIRING    SEA.  7 

fltu'losuro  2.] 
Lord  Sta)\hij  of  Prestini  to  Lord  Kvutn/ord. 

Citadel,  Qukbec,  JiifjitsfH),  1889. 
My  Loun  :  "With  roftM'Oiico  to  idcvioiis  c'orrf'si>on<lt'nc('  rcsiiccTiiin-  tlic  .soizinc  of  tho 
y.7((cA-  Diamond  iiiul  t.lic  (h'tciilion  dl'  tlu^  Trhnnjil,  iii  JU-luiii;^  Sea.  1  liavi'  the  Imuor 
TO  lorwiiid  lifiewitli  a  (■ui)y  of  an  aiiinovt  d  niiiiulc  of  the  privy  v'oiiiu'il  Hiiliiiiittiu}:; 
copies  of  tlie  iiiatriK'tioiiNyivon  to  tin-  Hi)C(ial  oOiccr  ])]ait'(l  on  board  tlic  nUtck  Piamond 
liy  tlie  captain  of  the  United  States  revenue  cutler  Hitxli,  and  of  a  letter  from  the 
colledor  of  eu.stoiUM  at  Victoria,  together  with  the  allidavits  of  the  mastcr.s  of  th« 
two  \-esN(!ls. 

I  have,  etc., 

StaXI.EV   ok    PUESION. 


fllielosiire  ;!.} 

Cirlijiid  copy  of  a  report  of  a  cowmiltte  of  the  honorable  the,  prinj  council,  oj)prorcd  bji  his 
excellency  the  (jorernor-'iiiurol  in  council,  on  the  -22(1  of  AntjHi>t,  1~>'.I. 

On  a  report  dated  the  i:Uh  of  An<;nst,  18"«,),  from  tiie  minister  of  marine  and  fisherieH, 
snl)mittin}rjii  reference  to  tln^  seizure  in  I  iie  Behriiij,' sea  of  the  schooner /.'/acA;  y>ii(wioH(f 
and  the  hoardino-  of  tlie  schooner  'Iriuwjih,  the  orij^inal  instructions  •>iven  to  the  spe- 
cial officer  placed  hy  the  captain  of  the  United  States  revenue  cutter  A' i/.s/(  on  hoard  the 
niack  Diamond  at  the  tinu!  of  the  latter's  seizure,  and  aim)  a  letter  fron-  the  honora))le 
Mr.  W.  Hainley,  collector  of  customs  at  \'ictoria.  British  Columbia,  togctiier  with  th» 
followiiijjf  atttdavits : 

1,  Affidavit  of  Owen  Thomas,  of  Victoria,  Krilish  Columl>ia,  master  of  the  British 
sealinjj  schooner  Black  Diamond. 

•1.  Affidavit  of  Daniel  McLean,  of  Victoria.  British  Columbia,  master  of  the  British, 
sealing  schooner  Triumph. 

The  minister  recommends  that  co|)ies  of  the  inclosures  herewith  1)e  immediately 
forwarded  for  the  information  of  Her  Majesty's  (Jovernnient. 

The  conunittee  concurring  advi.se  that  your  excellemjy  be  moved  to  forward  tliis 
minute,  together  with  copies  of  the  inclosures,  to  the  right  honorable  the  secretary 
of  state  for  the  coloiues. 

All  of  which  is  respectfully  submitted. 

John  J.  McGke, 

Clerk  I'riry  Council. 


[Iiii'losurc  -1.) 
Capi((in  Shrjiard  to  Mr.  Hanlcanson. 

U.  S.  Kkvkni.e  Stkamku  Risk.  Behuing  Sea, 
Latitude  :^ii-  i-i'  X.,  lonijitude  170-  'ir.'  /(".,  Juhj  11,  L-rf'J. 
Sii! :  Vou  are  hereby  appointed  a  special  officer,  and  directed  to  proceed  on  board 
the  schooner  Black  Diamond,  of  V^ictoria,  British  Columbia,  this  day  seizeil  for  Aiola- 
tioii  of  law  (Section  I9r)(i,  Hevised  Statutes  of  the  United  States),  and  assume  charge 
nf  the  said  vesstd,  her  officers  and  crew,  twenty-five  in  numlier,  ail  told,  excepting 
the  navigation  of  the  vessel,  \vhich  is  reserved  to  Ca))t.  <jwen  Thomas,  and  which 
you  w  ill  not  interfere  Avith  unless  yoti  become  convinc(Hl  that  lie  is  jiroceeding  to 
some  other  than  your  )>ort  of  destination,  in  which  even*'  yon  are  nntliorized  to  as- 
sume full  charge  of  the  vessel.  Everything  being  in  readiness,  you  will  direct 
Cajit.  Owen  Thomas  to  mak  ■  the  best  of  his  way  lo  Sitka.  Alaska,  and  upon  ar 
lival  at  that  port  you  will  re]>()rt  in  person  to  the  I'nited  States  district  attorney 
for  the  district  of  Alasi-a,  auu  deliver  to  him  the  letter  so  addressed,  the  schoonei- 
Black  Diamond,  of  Vicairia,  British  Columbia,  her  onttit,  and  the  persons  of  Cajit. 
Owen  Thomas  and  Mau/ Ah  xander  (ialt,  and  set  her  crew  at  lil)erty.  After  being 
relieved  of  the  proper<  y  and  persons  entrusted  to  your  care,  yon  will  await  at  Sitlvit 
the  arrival  of  the  /.'hs/i. 

Very  respectfully,  etc  , 

L.  G.  Shepard, 
Captain  V.  S.  Rercnue  Steam ir  l{ii.<ifi. 


f  .< 


I 


**' 


8 


SKAL    FISIiEKlES    OF    BEIIKJNG    .SEA. 


[Inclosuro  j.J 
Mr,  TJamJc}!  i<>  the  Mhiister  of  Customs. 

CUSTOM-HOUSK,   rirtoria,  AiKjiiat'y,  l-'CJ. 

Sik:  I  f'lirwiird  liorowith.  in  orisiiml,  tlio  onliTs  nivcii  l)y  Captfiiii  Shcjmnl,  (if  t\\^ 
llnitfd  Sriiics  rcvciHKi  (Milter  Ruth,  to  J.  Iliiiikinison,  ,s])ecial  otHcer,  to  ]'i(>ceo(l  on 
Loiird  tlic  British  scliooucr  lUark  Dimiiond,  seized  in  Ucdirinj^  .Sea,  and  to  take  her  to 
Sitkii.  The  master  of  I  he  Hciioouej-reiiorlH  to  me  tliat  tlie  Indians  employed  aslmnters 
iu  the  sehooner  would,  he  helieves,  hiive  mnr(h're(l  Ilankanson  if  an  attemi)t  had 
been  made  to  take  her  to  Sitka.  The  master  j;ot  ont  (d'  the  .sea.  and  sailed  at  once  for 
Victoria  withont  any  oi»i(ositioii  on  tlie  paiT  (d'  Ilankanson,  and  1  tliink  it  i.s  very 
prohahio  that  the  orders  ;;iven  liini  privately  by  I  lie  Ciiittain  of  the  llnalt  were  not  to 
interfere  in  any  wiix  wiili  the  destiinition  of  the  vesscd. 

She  aiTive(l  lu'reiin  Satnrday  eveiiinj;',  thelJd  of  An;.;nst.     The  ohjeet  of  tiie  revenne 
cutter  was  no  donlit  attained  in  taking-  lier  skins,  rilles,  and  Indian  spearn  away  and 
.sending;  the  vessel  out  of  ItehriiiH;  Seii.     Her  certilicate  of  re}j;istry  was  also  taken 
away.     Shnll  I  give  her  a  fresh  certificate  ? 
I  have,  etc., 

\V.  Hamlky. 


ITiicloaiiro  (i.  i 
Dedaralioti  of  Out n  Thomas,  * 

In  the  matter  of  tlie  xeiznrc  of  the  senVniii  sohoouer  lUack  Diuininid  liii  the   United  States 
rercinte  cutter  Richard  Rush  on  tlie  11///  ddif  of  Jiiljj,  ln^id. 

I,  Owen  Thomas,  of  the  city  of  Victoria,  British  Colnmbia,  master  mariner,  do 
solemnly  and  sineer(dy  detdare  that: 

1.  1  am  a  master  mariner  and  was,  at  the  time  of  the  occurrences  hereinafter  ineu- 
tioiied  and  still  am.  the  master  of  the  schooner  Black  Diamond,  of  the  port  of  Victo- 
ria, British  Colnml)ia. 

'J.  On  the  lull  day  of  July,  1S81),  whilst  I  was  on  hoard  and  in  comman  of  the  said 
.schooner,  and  she  lieiiij;'  then  on  a  sealin"'-  ex))editiou,  and  being  in  latitude  otP  22' 
north,  and  longitude  170-  'io'  west,  and  at  a  distance  of  aliont  :}">  miles  from  land,  the 
I'nited  States  revenue  cutter  Richard  Rush  overlianled  the  said  schooner,  and  having 
liailed  her  by  shouting  a  command  which  1  could  not  distinctly  bear,  steamed  across 
the  bow.s  of  said  s(diooner,  com[)elling  lier  to  come  to.  A  boat  was  then  lowered  from 
the  said  cutter  and  Lieutenant  Tnttle  and  five  other  men  froia  the  United  States  ves- 
sel came  aboard  tlie  said  schooner.  I  asked  the  lieutenant  what  he  wanted,  and  on 
bis  stating  he  wished  to  see  tlio8hi]>"8  papers,  I  took  him  dovvn  to  my  cabin  and  slnjwed 
them  to  him.  He  then  commanded  me  to  baud  the  papers  over  to  biiu:  this  I  refused 
to  'lo  and  locked  them  up  in  my  locker. 

At  this  time  tluu'e  were  1151  seal-skins  aboard  the  schooner,  76  of  which  had  been 
salted  and  ").'>  of  which  were  unsalted,  and  LienttMiant  Tattle  ordered  his  men  to  Ijring 
up  the  skins  and  to  take  the  salted  ones  on  board  the  Richard  Ruth.  The  cutter's 
men  accordingly  transferred  all  of  the  salted  skins  from  my  schooner  to  the  Richard 
Rush  and  also  took  aboard  the  cutter  two  sacks  of  salt  and  a  rille  belongiug  to  the 
.•ichooiKM-  Lieutenant  Tnttle  then  agaiu  demanded  me  to  give  up  the  ship's  pa)>crs 
and  told  me  that  if  I  would  not  give  them  up  be  would  take  them  by  force.  As  I 
still  declimul  to  part  with  them  he  signaled  to  the  cutter  and  a  boat  eame  otf  with 
the  master-at-arms,  who  came  on  board  the  s(diooner.  Lieutenant  Tuttle  asked  me 
for  the  keys  of  tin;  lockei',  so  that  lie  might  get  the  ]>apers,  and  upon  my  refusing  to 
give  them  to  liim  he  or(ba-ed  the  master-at-arms  to  force  open  the  locker.  The  master- 
at-arms  then  unscrewed  the  hinges  (d'  the  locker,  took  out  the  ship's  papers,  and 
banded  them  to  Lieutenant  Tuttle.  Lienfenaiit  Tutth?  tlien  returued  to  the  Richard 
Rush  and  came  back  to  the  schooner  again,  bringing  on  lioard  witii  him  one  wliose 
name  I  have  since  lieard  to  b(>  .lolin  Hawkinson  and  who  1  believe  to  bi>  a  (i[uarter- 
inaster  of  the  Richard  IIiikIi.  Lieutenant  Tuttle  then  told  me  to  take  the  s(diooiier  to 
Sitka.  I  told  him  that  I  would  n<d  go  unless  he  ^lut  a  crew  on  board  to  take  the 
.s('Iioon(;r  there.  He  gave  Hawkinson  directions  to  tak(^  the  ship  to  Sitka  and  gave 
bim  letters  to  give  to  the  I'liited  States  authorities  on  arrival. 

Lieutenant  Tuttle  before  leaving  my  scbo(Hier  ordered  twenty  Indian  spears  which 
^yero  aboard  for  sealing  jiurposes  ..»  I>e  taken  on  to  the  Richard  Rush.  I  asked  the 
lieutenant  to  give  me  a  receipt  for  the  pap(!rs,  skins,  etc.,  be  had  t.-iken  :  this  he  refused 
to  do,  and  he  then   returned  to  the  Richard  Hush,  taking  th(!  said  spears  with  bim 


pIv 


SEAL    FISHERIES    OF    HEHRING    SEA. 


9 


and  loavinjj  tho  man  Jlawkiuson  in  chaii'i',  f)f  tlio  sclioonor :  sliorily  aficrwunls  The 
ciittor  stt'anii'd  away  wirhmit  rctuininu  tlit;  ship's  paiii-rs,  sea!  slvins.  and  otlur  y;(iuds 
licjori;  nicntioned. 

Af'tiT  tilt!  (U'liaitnic  of  tli'-  I'liitcd  Slates  vessel,  I  diroctod  my  ('(inrsc  to  Ouna- 
JasUa,  liojiiiiK  to  meet  witli  an  Kn^lisii  nian-oCwar.  Wr  arrived  there  on  the  l.")tli  of 
July.  My  crew  at  this  tune  eonsistid  of  a  nuite,  AlexanchTtiiinll,  two  white  scanieu, 
(leek  hands,  and  a  white  cooU  and  twenty  Indians.  The  Indians,  thinkiny;  we  were 
fioinj;  to  Sitka,  heeanie  nmtinous,  and  told  nie  the  hest  thini;  I  eonld  do  to  avoid 
i  ronljle  was  to  take  the  seliooner  lioine;  they  also  warned  the  other  white  men  on 
hoanl  that  if  they  thonj;ht  1  meant  to  take  the  schooner  to  Sitka  they  wonld  throw 
ns  all  overlioard. 

There  lie  in  j;;  no  man-of-war  at  i  »iiiiiilaska,  I  lelr  there  and  direeted  my  conrse  ro 
A'ietoria,  and  arrived  at  that  iiort  at  aliont  7  ]>.  m.  on  Satnrday,  the  :!(i  of  Angnst 
last,  having  on  hoard  the  said  Jidiu  Hawkinson,  who  dnvini;  the  ernise  To  Vietori.a 
liad  not  tried  to  ^ive  me  any  diri'ctions  or  made  any  sn;;<;est  ions  as  to  the  eo.irsf  to  In- 
laken  hy  the  schooner.  On  ariival  at  Victoria,  Hawkinson  was  pnt  on  shon-  by  one 
of  my  boats. 

Ami  I  make  this  solenm  declaration,  conseientionsly  hclievinij;  the  same  to  he  Trru.-, 
raid  by  virtne  of  the  oaths  ordinance  L-fJU. 

Owi:n  TitoMAS. 

Declared  at  the  city  of  Victoria,  liritish  Columbia,  the  T'li  day  of  Aii,i;nst.  l--',i,  lie- 
lore  me, 

Eknust  V.  lioinviu.L, 
.(  Xotiir;/  I'lihlir  for  the  I'rurtnrc  of  RvilUh  f'uhimhhi. 


[Inclosur«>  7.] 
Afiidarit  <>f  Daniel  McLean. 


liritish  Columbia. 


1,  Daniel   M'Lean,  of  the  city   of   Victoria,  in   tIic   iirovin:e  of 
Dominion  of  Canada,  beinn  duly  sworn,  dcjiose  ;is  follows: 

That  I  am  master  and  part  owner  of  the  liritish  schooner  7V("m/^/(,  nuistered  at 
the  ]iort  of  Victoria,  liritish  Colnmiiia;  that  in  conformity  with  the  laws  ot  the 
Dominion  of  Canada  I  regularly  ilearcd  the  saitl  schooner  Trinwjth  lor  a  vo^  aj^e  to 
the  North  Pacific  Ocean  and  Hehriii;;'  Sea.  and  that  in  jinrsnance  of  my  lef;itiiuate 
business  did  enter  the  said  Hehrin<i'  Sea  on  Itli  day  of  .Inly,  1H*»,  and  did  in  a  peace- 
ful manner  i)rocee<l  on  my  voyat;e,  and  being  in  latitude  T)!)-  (),">  north,  loujfitiule 
171-  'i'i'  west,  on  the  11th  day  of  .July.  Iddl),  at  the  hour  of  ^:.\()  a.  m.,  was  hailed  by 
coinmaiHler  of  the  United  States  revenne  cntt(?r  RUhurd  Uwili,  the  said  revenue 
cutter  bei"g  a  vessel  belongiiij''  to  the  (lovernineiit  of  the  I'niftMl  St.itcs  and  rejriilarly 
commissioned  by  tile  same ;  a  boat  having-  been  lowered  by  olScer  and  crew.  I  was 
boarded  by  the  same. 

The  otilicer  iu  charge  of  the  boat  l)eing  one  Lieutenant  Tattle,  who  demanded  the 
oflicial  papers  of  my  vessel,  and  after  reading  the  same  proceeded  to  search  my  vessel 
for  seals,  and  finding  !io  evidence  of  the  same,  informed  me  that  orders  had  been  issiu^d 
by  the  Seeretarj-  of  tlic  Tnited  States  under  the  jtroclamation  of  the  President,  in- 
S' meting  the  commanding  oflicer  of  the  said  revenue  cutter  Rnnh  to  seize  all  vessels 
found  sealing  in  Behring  Sea  ;  he  also  told  me  that  should  he  again  board  me  and  lind 
seal  skins  on  board  he  would  seize  and  couliscate  the  vessel  and  catch;  he  further- 
more informed  iiit;  that  he  had  alrtiady  seized  the  British  schooner  llUicl  Diamond,  of 
^'ictoria.  Briti.sh  Columbia,  .•■nd  that  she  had  lieeu  sent  to  Sitka,  and  that  therefore, 
by  reason  of  his  threats  and  menaces,  I  was  eaiise<l  to  forego  my  legitimate  and  peace- 
ful voyage  on  the  high  seas  and  return  to  the  port  of  my  ilejiarture,  causing  serious 
]ie;'nniary  loss  to  myself,  crew,  and  owners,  for  which  a  claim  will  be  formulated  and 
forwai'ded  in  due  course.  And  1  make  this  solemn  iiftidavit,  conseienti<uisly  believing 
the  same  to  be  true,  and  by  virtue  of  the  oaths  ordinance  1  -f)l>. 

Daniel  M'Lean, 
Maxtor  of  ndiooncr  Triumph. 

Sworn  before  me  thii  dth  August,  188'.),  at  Victoria.  British  Columbia. 

G.  MoiiKisoN,  J.  P., 
A  .Iiistice  of  the  Praeefor  tlie  Prorinee  of  /Irilish  Cohimhia. 


10 


SEAL    riSIIEUlES    OF    BEHiaXU    SEA. 


!No.  8. 
Mr.  IJdicardes  to  Mr.  JlJalne. 

J'lUTISII    LK(iATI()N, 

W((.slii>i(/to/i,  (Moher  U,  1889. 

]\Iy  Deaij  ^IVv.  Blaine  :  When  T  liiul  the  honor  to  read  to  you  on 
Satunhiy,  the  iL'tli  instant,  two  dispaU'hes  addressed  to  nie  by  the 
jM-ir(|iiis  of  Salisbury  on  tlie  subject  of  the  seizures  of  British  seaU^'s 
in  Behring  Sea,  you  inquired  of  ine  when  I  reached  the  passage  which 
runs  as  i'ollows,  '-Mi'.  Bayar«l  did  indeed  conununicate  to  us,  iinoHi- 
cially,  an  assurance  that  no  further  seizures  of  this  cluiraeter  shouhl 
take  i)hice  pending  tlie  discussion  of  the  (]uestious  iuvolved  between 
the  two  doveruiuents,"  if  I  couhl  tell  yoivin  what  way  this  assurance 
was  unoflicially  coujiuunicated  to  Tier  Majesty's  Government.  I  replied 
that  I  believed  it  had  been  so  conununicated  in  a  letter  addressed  by 
Mr.  Bayard  to  Sir  Lionel  West,  and  that  that  letter  would  be  found  in 
the  ])rinted  correspondence  on  the  subject  which  was  laid  before  Con- 


gress this  year. 


I  have  sHice  learnt  that  the  assurance  which  Lord  Salisbury  had  in 
mind  when  writing  the  dispatch  1  read  was  not  that  to  which  1  referre<l 
in  my  re])ly  to  you,  but  was  an  assurance  communicated  unoflicially  to 
his  lordsiiip  by  the  United  States  minister  in  London,  and  also  by  Mr. 
Bayard  to  Sir  T^ionel  West  in  the  month  of  April  last  year. 
I  have,  etc., 

H.  G.  Edwardes. 


:No.  9. 


Mr,  Blaine  to  Sir  Julian  Fauncefote. 


It 


Uepabime^jt  of  State, 

Wa^hiiKjton.  January  22,  1890. 

Sir:  Several  weeks  have  elapsed  since  I  had  the  honor  to  receive 
through  the  hands  of  Mr.  Edwardes  copies  of  two  dispatches  from  Lord 
Salisbnry  complaining  of  the  course  of  the  United  States  revenue  cut- 
ter liUi^h  in  interce])tiug  Caiuidiau  vessels  sailing  under  the  British  flag 
and  engaged  in  taking  fur  sea)s  in  the  waters  of  the  Behring  Sea. 

Subjects  which  could  not  be  i)ost])pncd  have  engaged  the  attention 
of  this  Department  ami  have  reiulered  it  impossible  to  give  a  fornnil 
answer  to  Lord  Salisbury  until  the  i»resent  time. 

In  the  opinion  of  the  President,  the  Canadian  vessels  arrested  and 
detained  in  the  Behring  Sea  were  engaged  in  a  ])ursnit  that  was  in 
itself  c'o/i/jvr  boiioH  mores.,  a  pursuit  which  of  necessity  involves  a  serious 
and  permanent  injury  to  the  rights  of  the  Government  and  [)eople  of 
the  United  States.  To  establish  this  ground  it  is  not  necessary  to  argue 
the  question  of  tlK^  extent  ami  nature  of  he  sovereignty  of  this  Govern- 
ment over  the  waters  of  the  Behring  Sea  ;  it  is  not  necessarj'  to  explain, 
certaiidy  not  to  define,  the  i)Owers  ai;d  privileges  ceded  by  Ills  Imperial 
Majesty  the  Em[)eror  of  Kussia  in  the  treaty  by  \vhi(!h  he  Alaskan 
territory  was  transferred  to  the  United  States.  The  weignty  consider- 
ations growing  out  of  the  acquisition  of  that  territory,  with  all  the  rights 
on  land  ami  sea  inseparably  connected  therewith,  may  be  safely  left  out 
of  view,  while  the  grounds  are  set  forth  upon  which  this  Government 


1 


SEAL    FISHERIES    OF    BEHKINO    SEA. 


IX 


rests  its  justitication  for  the  action  (jomplained  of  by  Her  ^lajesty's  Gov- 
eninient. 

]t  can  not  be  unknown  to  Her  Majesry's  Government  that  one  of  the 
most  vabiable  sources  of  revenue  from  tlie  Alaskan  pos.sessions  is  the 
fur-seal  fislieries  of  tiie  llehnnj;  Sea.  Those  tislieries  had  been  exchi- 
sively  controlled  by  the  (lovernment  of  llussia,  withoiil  interlVrcnce  or 
without  question,  from  their  orijiinal  discovery  until  tin-  cession  of 
Alaska  to  the  United  States  in  ISOT.  From  18(17  to  ISSO  the  possession 
in  which  Russia  had  been  undisturbed  was  enjoyed  by  tliis  Government 
also.  There  was  no  interruption  and  no  intrusion  from  any  source. 
A^essels  from  other  nations  passinj;  from  time  to  time  thjouyh  liehring- 
Sea  to  the  Ar(;tic  U(!ean  in  pursuit  of  whales  had  always  abstained  frotn 
taking-  ]iart  in  the  cai)ture  of  seals. 

This  uniform  a\oidance  of  all  attem})ts  to  take  fur  seal  in  those 
waters  had  been  a  constant  re<!;>gnition  of  the  right  held  and  exercised 
first  by  Kussia  and  subsefpiently  by  this  Government.  It  has  also  been 
the  recognition  of  a  fact  now  held  beyond  denial  or  doubt  that  tin? 
taking  of  seals  in  the  open  sea  rapidly  leads  to  their  extinction.  This 
is  not  only  the  well  known  opinion  of  exi)erts,  l»<)th  liritish  and  Amer- 
ican, based  upon  i)rolonged  observation  and  investigation,  hut  the  fact 
had  also  beei.  demonstrated  in  a  wide  sense  by  the  well-nigh  total  de- 
struction of  all  seal  llsheries  except  the  one  in  the  Belaing  Sea,  which 
the  Government  of  the  United  States  is  now  striving  to  preserve,  not 
altogether  for  the  use  of  the  American  people  but  for  the  use  of  the 
world  at  large. 

The  killing  of  seals  in  the  open  sea  involves  the  destru(ttion  of  the 
female  in  common  with  the  male.  The  slaughter  of  the  female  seal  is 
reckoned  as  an  immediat<'  loss  of  three  seals,  besides  the  future  loss  of 
the  whole  number  which  the  bearing  seal  may  produce  in  the  suc(;essive 
years  of  life.  The  destruction  which  results  from  killing  seals  in  the 
open  sea  i»roceetls,  therefore,  by  a  ratio  which  constantly  and  rapidly 
increases,  and  insures  the  total  extermination  of  the  species  within  a 
very  brief  period.  It  has  thus  become  known  that  the  only  i)roper  time 
for  the  slaughter  of  seals  is  at  the  season  when  they  betake  themselves 
to  the  land,  because  the  land  is  the  only  place  where  the  necessary  dis- 
crimination can  be  made  as  to  the  age  and  sex  ot  the  seal.  It  would 
seem,  then,  by  fair  reasoning,  that  nations  not  possessing  the  territory 
ui)on  which  seals  can  increase  their  numbers  by  natural  growth,  and 
thus  afford  an  annual  supply  of  skins  for  the  use  of  mankind,  sliould 
refrain  from  the  slaughter  in  open  sea  where  the  destruction  of  the, 
species  is  sure  arid  swift. 

After  the  acquisition  of  Alaska  the  Government  of  the  United  States, 
through  competent  agents  working  under  the  direction  of  the  best  ex- 
perts, gave  careful  attention  to  the  improvement  of  the  seal  hsheries. 
Proceeding  by  a  close  obedience  to  the  laws  of  nature,  and  rigidly  limit- 
ing the  number  to  be  annually  slaughtered,  the  Government  succeeded 
in  inci  ing  the  total  number  of  seals  and  adding  coi-respondingly  and 
largely  to  the  value  of  the  fisheries.  In  the  course  of  a  few  years  of 
intelligent  and  interesting  experiment  the  iuiml)er  that  could  be  safely 
slaughtered  was  lixed  at  l()d,()(>()  annually.  The  company  to  which  the 
administration  of  the  fisheries  was  intrusted  by  ir  lease  from  this  Gov- 
ernment has  paid  a  rental  of  $oO,(HM)  per  annum,  and  in  addition  thereto 
$2.(52^  per  skin  for  the  total  number  taken.  The  skins  were  regularly 
transported  to  London  to  be  dressed  and  j)repared  for  the  markets  of 
the  world,  and  the  business  had  grown  so  large  that  the  earnings  of 


12 


SEAL    FLSHHIMKS    OF    HEIlRIXu    SEA, 


:i 


3Cii;;lisli  laborers,  since  Aliiska  was  traiisferred  to  the  United  States, 
anidiintin  tiie  •i;ijirejiate  to  more  than  twelve  niillions  of  (h)Ihirs. 

The  entire  Imsiiiess  was  then  eomliieted  iieaeiU'idly,  htwfiiUy,  and 
prolitably — ]»rotitably  to  the  United  States,  ibr  tiie  rental  wtis  yielding' 
a  moderate  mtt-rest  on  the  lar;^e  snm  whieh  this  Government  had  jtaid 
tor  Alaska,  incliidiiiu- the  ri<;lits  nowatissm';  ]»rotitab!y  to  the  Alaskan 
Coiiipany,  uhieli,  nuder  governmental  direction  ami  restriction,  had 
<:iven  nnwearied  pain.s  to  the  care  and  development  of  the  lisheries; 
])ro(itai)ly  to  the  Alents,  who  were  receivin;:;-  a  fair  pecmniary  reward 
lot  their  labors,  and  were  elevated  from  semisava};ery  to  civilization 
and  to  the  enjoyment  of  si.'hools  and  clmrches  i»rovided  lor  tlu'ir  benefit 
by  the  (lovernmeiit  of  the  I'nited  Slates;  and,  last  of  all,  i)rofitably  to 
a  hir<ie  body  of  I'lnj^li.sh  laborers  who  liad  r^onstaiit  employment  and  re- 
ceived j;()od  wajics, 

'i'his,  in  brief,  was  the  (tondition  of  the  Alaska  I'nr-seal  fislieries  down 
to  the  year  bSS'i.  The  precedents,  customs,  and  rij^hts  had  been  estab- 
lished and  enjoyed,  eitlier  l)y  Knssia  or  the  Cnited  States,  foi-  nearly  a 
century.  The  two  nations  were  the  oidy  powers  that  owned  a  toot  of 
land  on  the  continents  that  bordered,  or  on  the  islamls  incliuled  within, 
the  Behrinji'  waters  where  tlie  seals  resort  to  breed.  Into  this  i)eacefal 
and  secbided  field  of  labor,  whose  benefits  were  so  e(putal)ly  shared  by 
the  native  Alents  of  the  J'ribylov  Islands,  by  the  United  States,  and 
by  lOn^land,  certain  Canadian  \essels  in  1880  asserted  their  ri<ilit  to 
enter,  and  by  their  rnthless  conrse  to  destroy  the  fisheries  and  with 
them  to  destroy  also  the  resiiltmy'  industries  which  are  so  valuable. 
The  G<»verninent  of  the  United  States  at  once  proceeded  to  check  this 
nioven)ent,  which,  unchecked,  was  sure  to  do  great  and  )rre]»arable 
liarm. 

It  was  cause  of  unfeigned  snr[)rise  to  the  United  States  that  Her 
Majesty's  Government  should  immediately  iiiterfere  to  defend  and  en- 
courage (surely  to  encourage  by  defending)  the  course  of  the  Canadians 
in  disturbing  an  industry  whicli  had  been  carefidly  developed  for  more 
than  ninety  years  under  the  flags  of  Russia  and  the  United  States — de- 
Aeloppd  in  such  manner  as  not  to  interfere  with  the  public  rights  or 
tlie  i)rivate  industries  ot  any  other  i)eople  or  any  other  person. 

Whence  did  the  ships  of  Canada  derive  the  right  to  do  in  188G  that 
which  they  had  refrained  from  doing  for  more  ^han  ninety  years  ? 
Upon  what  grounds  did  iler  Majesty's  Government  defend  in  the  year 
1S8U  a  course*  of  conduct  in  the  Bohring  Sea  which  she  had  carefully 
avoided  ever  since  the  discovery  of  that  sea  ?  By  what  reasoning  did 
Her  Majesty's  Government  (conclude  that  an  act  rrniy  be  committed 
with  impunity  against  the  rights  of  the  United  States  which  had  never 
been  attempted  against  the  same  rights  when  held  by  the  Kussiau 
Empire? 

So  great  has  been  the  injury  to  the  fisheries  from  the  irregidar  and 
destru(!tive  slaughter  of  seals  in  the  open  waters  of  tiie  Behring  Sea  by 
Canadiai  vessels,  that  whereas  the  Government  had  allowed  one  hun- 
dred thousand  to  be  taken  annually  for  a  series  of  years,  it  is  now  com- 
pelh'd  to  reduce  the  number  to  sixty  thousand.  If  four  years  of  this 
violation  of  natural  law  and  neighbor's  rigiits  has  reduced  the  annual 
slaughter  of  seal  by  i(>  per  cent.,  it  is  easy  to  see  how  short  a  peiiod 
will  be  reiiuired  to  work  the  total  dest'Miction  of  the  fisheries. 

The  ground  upon  which  Her  Majesty's  Government  justifies,  or  at  least 
defends  the  course  of  tlu'  Caiuidian  vessels,  rests  upon  the  fact  that 
they  are  coinmitiing  their  acts  of  destruction  on  the  high  seas,  viz, 
more  than  3  marine  miles  from  the  shore-line.     It  is  doubtful  whether 


fi 


.SKAl.    FI«HKKIK.S    OF    MKllKlXf;    SliA, 


la 


Her  ^IllJost.v^sCrovorlmKMlt  would  abides  by  this  nil*!  if  the  attempt  weie 
made  to  iiitertero  witii  the  pearl  tishenes  of  Ceylon,  whieli  extend  more 
than  lM)  miles  from  the  shon'-lin(^  and  have  been  enjoyed  l)y  I'jiylaiid 
without  molestation  ever  since  tiu-ir  acquisition.  80  well  ie(!o^ni/cd  is 
the  British  ownership  of  those  lishcries,  rej;ar(lless  of  the  limit  of  the 
;}-niile  line,  that  Her  .Majesty's  Oovernmeni:  feels  authorized  to  sell  the 
peail-hshin<i'  rij^lit  from  year  to  year  to  the  highest  bidder.  Mor  is 
it  cre<lible  that  modes  of  tishinj^'  on  the  (Irand  lianUs,  altoj^ether  piae- 
ticable  but  hij^hly  destructive,  W')uld  be  jnstilied  or  even  permitted  by 
Great  Jiriiain  on  the  plea  that  the  vicious  acts  were  committed  more 
than  li  ndles  from  sliore. 

There  are,  accordin*;  to  scientific  authority,  "jireat  colonies  of  fish''  on 
Kiii  "  Newfoundland  banks.''  These  colonies  re8end)le  the  seats  of  ^'reat 
poi)ulations  on  land-  They  remain  stationary,  having-  a  limited  ran.uc 
of  water  in  which  to  live  and  die.  In  these  j^reat  "colonies"  it  is,  ac- 
dcoriiif''  to  exi)ert  judgment,  com)>aratively  easy  to  exi»lode  dynamite  or 
plant  powder  in  sucdi  manner  as  to  kill  vast  (piantities  of  lish,  and  at 
the  same  time  destroy  countless  numbers  of  ejigs.  ^trins'ent  laws  have 
been  necessary  to  prevent  the  takinjj;  of  iish  l)y  the  use  of  dynamite  in 
many  of  the  rivers  and  lakes  of  the  Cnited  States.  The  same  mode 
of  lishing  could  readily  be  adopted  with  elfect  on  tlie  more  sliallow 
parts  of  the  banks,  bui  the  destruction  of  tish  in  i)ro])ortion  to  the 
catch,  says  a  high  authority,  might  be  as  great  as  ten  thousand  to  one. 
Would  Iler  Aiajesty's  Government  think  that  so  wi(;ked  an  act  could 
iu)t  be  prevented  and  its  i»erpetrators  i>uinshed  sim[»ly  because  it  had 
been  committed  outside  of  the  Simile  line? 

Why  are  not  the  two  cases  ])aral  lei?  The  Canadian  v(»ssels  ar«  en- 
gaged in  the  taking  of  fur  seal  iu  a  manner  that  <lestroys  the  i)ower 
of  rei)roduction  and  insures  the  extermination  of  the  sj>ecies.  Jn  exter- 
minating the  species  an  article  useful  to  mankind  is  ti>tally  destroyed 
in  ordei-  that  temi)orary  and  immoral  gain  may  be  ac^cjuiied  by  a  few 
persons.  By  the  employment  of  dynamite  on  the  banks  it  is  not  prob- 
able that  the  total  <lestruction  of  iish  could  be  accomplislied,  but  a  se- 
rious diminution  of  a  valuable  food  for  man  might  assuredly  residt. 
Does  Uer  Majesty's  Governn)eut  seriously  maintain  that  the  law  of  na- 
tions is  i)Owerless  to  prevent  such  violation  of  the  common  rights  of 
limn?  Are  the  supjiorters  of  justice  in  all  nations  to  be  declared  in- 
competent to  i>revent  wrongs  so  odious  ami  so  destructive? 

In  the  judgment  of  this  Government  the  law  of  the  sea  is  not  law- 
lessness. Xor  can  the  law  of  the  sea  and  the  liberty  which  it  confers 
and  wliich  it  i)rotects,  be  perverted  to  justify  acts  which  are  immoral 
in  theuiselves,  whiidi  inevitably  "end  to  results  against  the  interests 
and  against  the  welfare  of  mankind.  One  step  l)eyond  that  which  Iler 
Majesty's  Government  has  taken  in  this  contention,  and  i)iracy  tinds 
its  justification.  The  President  does  not  conceive  it  possible  that 
Her  Majesty's  Government  could  in  fact  be  less  indifferent  to  these  evil 
results  than  is  the  Government  of  the  United  States.  But  he  hopes 
tliat  Her  Majesty's  Government  will,  after  this  frank  expression  of 
views,  more  readily  comprehend  the  position  of  the  Goverinuent  of  the 
United  States  touching  thi:^  serious  ([uestion.  This  Goverinuent  has 
been  ready  to  concede  nnich  in  order  to  adjust  all  differences  of  view, 
and  has,  in  the  judgment  of  the  President,  already  i)roi)osed  a  solu- 
tion not  only  equitable  but  generous.  Thus  far  Her  ^lajesty's  Govern- 
ment has  declined  to  accept  the  proposal  of  the  United  States.  The 
President  now  awaits  with  deej)  interest,  not  unmixed  with  solicitude, 
any  proposition  for  reasonable  adjustment  which  Her  Majesty's  Gov- 


14 


SEAL    FISHERIES   OF    BEIIRINO    SEA. 


1^ 


ermiieut  may  siibiiiit.  Tlit*  foniible  resistfince  to  which  this  (Jovcrii- 
ment  in  constrained  in  the  Uchrinj,^  Sea  is,  in  the  Tresident's  Jndjiinent, 
4leinand«'d  not  onl^v  l).v  tlie  necessity  of  defendinji-  the  traditional  and 
h)nji-estaltlisl»ed  rijihts  of  the  I'nited  .States,  bnt  also  the  riii'hts  of 
f^ood  ^fovernnient  and  of  j^'ood  morals  the  world  over. 

In  tins  contention  the  (lovernment  of  the  Tnited  States  has  no  oc 
casion  and  no  desire  to  withdraw  or  modify  the  positions  which  it  has 
at  any  time  maintained  against  the  claims  of  the  lm|)erial  (iovernment 
of  Iv'nssia.  The  United  States  will  not  withhold  from  any  nation  the 
lirivilci-es  which  it  demanded  for  itself  when  Alaska  Nvas  part  of  the 
Itussian  Em[»ire.  Kor  is  the  Government  of  the  United  States  disposed 
to  exercise  in  those  i»ossessions  any  less  power  or  authority  than  it  was 
willin^f  to  (!once<le  to  the  Imperial  Government  of  liussia,  when  its 
sovereignty  extended  over  them.  The  President  is  persuaded  that  all 
friendly  initions  will  concede  to  the  United  States  the  sa(ne  ri;;lits  and 
j)rivileji('s  on  the  lands  and  in  the  waters  of  Alaska  which  the  same 
friendly  nations  always  conceded  to  the  Empire  of  Russia. 
1  have,  etc., 

James  G.  Blaine. 


No.  10. 


Sir  Julian  rnuncefvte  to  Mr.  Blaine. 

WASHiNaTON,  February  10,  1890. 

SiE:  Her  Majesty's  Government  have  had  for  some  time  under  their 
consideration  tlie  suf>gestion  made  in  the  course  of  our  interviews  on 
the  quet-tion  of  the  seal  fisheries  in  IJeliring's  Sea,  that  it  might  expe- 
dite a  settlement  of  the  (jontroversy  if  the  tripartite  negotiation  respect- 
ing the  establishment  of  a  close  time  for  those  fisheries  which  was  com- 
menced in  London  in  1<S88,  but  was  suspended  owing  to  various  causes, 
should  be  resumed  in  Washington. 

1  now  have  the  houoi'  to  inform  you  that  Her  Majesty's  Government 
are  willing  to  adopt  this  suggestion,  and  if  agreeable  to  your  Govern- 
ment will  take  ste|)s  concurrently  with  them  to  invite  the  participation 
of  Russia  in  the  renewed  negotiations. 
I  have,  etc. 

Julian  Pauncefote. 


No.  11. 


Mr.  Blaine  to  iSir  Julian  Pauncefote. 

DEPAR'niENT   OF   STATE, 
Wash  ingtoUj  March  1,  18i/0. 

My  DEAR  Sir  Julian:  I  have  extracted  from  otiicialdocumeuts  and 
appended  hereto  a  large  uuiss  of  evidence,  given  under  oath  by  profes- 
sional experts  and  ofiicers  of  the  Unite<l  States,  touching  the  subject 
upon  which  you  desired  further  proof,  namely,  that  the  killing  of  seals 
in  the  open  sea  tends  certainly  and  rapidly  to  the  extermination  of  the 
species.  If  further  evidence  is  desired,  it  can  be  readily  furnished. 
I  have,  etc. 

James  G.  Blaine. 


SEAL    FI.'^llKRiKS    OF    BEHRINO    SEA.  15 

[Inolosiiro,] 

Mi  niitrandum. 

From  the  otticial  report  iiiiuk'  to  the  House  of  I{«'i>resentatives  in  188*.): 

Ill  fiiniifr  yi'iM'H  fiir-sealH  were  fonml  in  great  nnmlKMs  on  various  iHlands  of  tliH 
Soiitli  Parilic  Occiin,  Init  aftcra  (■iitn]>ar.irivcl\  sliorr  vcriml  of  iiulisiriiiiiiiatt'  slaiiylitrr 
tlir  KioktTiffl  wort',  (losrrtfd,  tiic  aiiiinal.s  iiuviiin  Uccii  UiIIimI  or  iiri\t'ii  fioiii  tlicir 
baniits;  so  that  now  tlic  only  rxistin;;  rnoki  rifs  an-  tliosc  in  AlasUa,  anotlirr  in  tIil- 
Ku.v-iuii  jtart  of  lit-lirini^  Sfa,  and  a  tiiird  on  I,oho8  Island,  at  tln^  month  of  .ht'  river 
I'lat.-  in  (Sonth  Anicrica. 

All  f  ht'siA  rookoi'ics  arc  nndcr  tin-  proicction  of  their  soveral  iioveriunents, 

The  hest  estimate  as  to  the  munher  of  thcHc  animals  on  the  Alaska  rookericM  places 
it  at  aliont  liOOd.OdO  ;  bnt  ii  marked  diniinntion  of  the  nnml)ers  !-.  noticed  within  the 
la^i  two  or  tliree  years,  whicii  is  attrihnted  hy  the  tistimony  to  the  faet  that  nnan- 
thori/ed  jiersons  (lnrin<^  the  summers  of  l-Hti,  l-^-'T.aiid  l--;"^  had  fitted  ont  expeditions 
and  (■rnised  in  Alaskan  waters,  and  l>y  the  use  of  fire-arms  destroyed  hundreds  of 
thousands  of  tliese  animals  without  rciiard  to  a;;e  or  sex. 

The  law  prohiltits  the  killinj;  of  fur  seals  in  the  Ttn'rilory  of  Alaska  or  the  waters 
thereof,  exce))t  by  thti  lessee  id'  the  seal  islands,  and  the  lessee  is  permitted  to  kill 
«iiiiiiig  the  months  of  June,  July,  Scptcudier.  and  ( »etot>er  only  ;  and  is  forliiddeii  to 
kill  any  seal  less  than  oiu>  year  old.  m'  an.\  t'emale  seal,  "or  to  kill  siudi  seals  at  i'Uy 
time  l>y  the  use  of  fire-arms,  or  l)y  any  other  means  tending  to  drive  the  seals  aw.'iy 
from  tho.se  islands."  (Revised  .statutes,  section  I'.ltid.) 

(iovernor  Sinijison,  of  the  Hudson  lia\  L'omitanv.  in  his  '"  Overland  .lournev  Round 
the  World,"  lf^4l-'42,i).  ISO,  says: 

•' Some  twenty  or  tliirty  years  agu  there  was  a  most  wasteful  destruction  of  the 
seal,  when  yonnjj;  and  old,  nnile  and  female,  were  indisi  limiiiately  knocked  in  the 
head.  This  imprudtuice,  .'is  any  one  mii;ht  have  expected,  proved  detrimental  in  two 
Wiiys.  The  race  was  almost  extirpatcii.  and  the  market  was  ^^Intted  to  siulia  decree, 
at  the  rate  for  soum'  time  of  •.HKl.nnil  skins  a  year,  that  tlw'  ]iriceadid  not  even  pay  the 
exiienses  of  carriatte.  The  Russians,  however,  have  now  adopted  nearly  the  same 
plan  which  the  Hudson  Hay  (.'omiiany  )>ursues  in  recruitiui;  my  (dits  exhaustcil  dis- 
tricts, killint;  only  a  limited  numlier  of  sncii  males  as  have  attaiuiMl  their  full  <j;rowth, 
a  plan  ])eculiarly  ajjplicahh*  to  tliefiir-si^al,  inasmuch  as  its  hahits  render  a  system  of 
liusliandiug  the  stock  as  easy  and  certain  as  that  of  (iestroyiuti  it." 

In  the  year  I'^dd  the  rocdicrics  of  the  (ieoruiau  Islands  )>roduceil  Il-J,(iii(l  fur-seals. 
From  1  ?<()()  to  IH'2">,  says  the  Eucyclopicdia  Hritanniea.  *' The  { Jeoi-jjian  Islands  pro- 
duced 1, •20(1,(100  seals,  ami  the  island  of  Desolation  has  been  etpially  productive." 
Over  1,0()0,0(»0  were  taken  from  the  island  of  .Mas-a-Fuera  .and  shippid  to  China  m 
17i).!'-".*lt.     (Fanniun;'s  "  Voyages  to  the  .Soiirh  Sea."  p.  "JIK*.  i 

In  H-JO  iind  l-<til  over  :{Oit,ono  fur-seals  were  taken  at  the  South  Sji.-tlautl  [shiTids, 
and  C!aptain  Weddell  states  that  at  the  end  of  the  second  ye.ir  the  species  iiad  there 
become  almost  exterminated.  In  addition  to  the  nuinher  killed  for  tlu'ir  fnis,  he 
estimates  that  "not  less  than  lOO.Ollii  newly  horn  yoiini^  died  i!i  coitsequence  of  the 
deHtrnctK)n  of  thiur  mothers."     (See  Elliott's  Ucp,.  I-"^!.  p.  11~. 

In  ld!i(t  the  supply  of  fur-seals  in  the  .South  Seas  Innl  so  greatiy  decreased  that  the 
vessels  engaj^ed  in  this  enterprise  '•  j;enerally  made  losiny;  voyai^e^.  from  the  fact  that 
tho.se  places  which  were  the  resort  of  seals  had  been  aliamloned  hy  them."  (Fan- 
ning'»  Voyaffea,  p.  487.) 

At  Antipodes  Isliind,  otf  the  coast  of  New  South  Wales,  400,1100  skins  were  obtained 
in  the  ye.ars  IHU  and  1815. 

Referring  to  these  facts,  Professor  Elliott,  of  the  Smith.soniau  Iustitnti'>u,  in  his 
able  report  on  the  Sea  Islamls,  jmhlished  hy  the  Interior  l»epartmeut  in  H-t,  says: 

"This  gives  a  v<^ry  fair  idea  of  tlu^  uiauucr  in  whiidi  the  business  was  conducted  iu 
the  South  Pacitic.  How  long  would  our  sealing  interests  iu  Pehring  Sea  withstand 
the  attacks  of  .sixty  vessels  carrying  from  tw(Mify  to  thirty  men  each  .'  Not  over  two 
seasons.  The  fact  that  these  great  southern  rooki-ries  withstooil  and  i)aid  for  attacks 
of  this  extensive  character  during  a  i)eriod  of  more  than  twenty  years  spe.iks  elo- 
quently of  the  millions  upon  millions  that  must  have  existed  in  the  waters  now  almost 
th.'serted  by  them." 

Mr.  II.  H.  Chape],  of  New  Eoiidou,  ('(Uin..  whose  vessels  had  visited  all  the  rook- 
eries of  the  South  Pacilic,  in  his  written  statement  before  the  Committee  on  Com- 
merce of  the  House  T)f  Representatives,  said: 

"As  showing  the  progress  of  this  tradi;  in  fur-seal  .skins,  and  tlie  abuses  of  its  prose- 
cution, resulting  iu  almost  total  annihilation  of  the  animals  in  some  localities,  if  is 
stated  on  good  authority  that,  from  ahout  1770  to  Irtoo,  K'er^iuolen  Land,  in  the  Indian 
Ocejin,  yielded  to  the  English  traders  over  1,000,000  .skills:  but  open  coinp(ditioii 
swept  o'tf  the  herds  that  resorted  there,  .and  since  the  latter  year  hardly  lOo  per  anunni 


16 


SKAL    FI«Hi;i{lK.S    i)F    MHIIUINt;    SKA, 


I 


could  ln^  riI)t;iiiio(l  nil  jiIl  iN  loiiy;  ooast.  AffiTwanls,  Miis-iI-Fiicra  Island,  iii'iir  .liian 
J'i'i'iiiiiidc/,  u:i-i  \i><itiMl.  and  .">!', iioi)  a  yi'ar  wcri- oht.iiiii'd :  lnu  as  o very  Kiir  ilmt  ili'- 
sii't'd  was  fi'i'i'  to  ;{ii  mid  kill,  llir  iisiial  result.  I'olliiwi'd — llic  seals  wore  (ixtcniiin.ileil 
at  thai  island,  mid  .iNd  at  tlic  (ialapa^^os  j^roiip,  near  li,\'. 

"  l''alklanil  and  Slid  land  Islands,  and  Sdiit  li  A iiicrican  eoasts,  near  Cape  lloni,  emiirt 
next  in  «M'der:  liei'e  the  stval  were  very  ahnnd.int.  It  is  slated  that  at  tin-  Sheilmidn 
alnne  liiD.OiiK  pel  aiiimin  ini;;lil  havi'  heeii  ohtaiiied  and  the  rnokeries  preser\iil,  it" 
taken  under  proper  restrietioiis ;  hut  in  tiie  fa;i(^rne.ss  of  nieii  they  killed  nhl  and 
yoiin;;',  inah'  and  leinale;  little  pups  a  few  days  nld,  deprived  of  their  mothers,  die  1 
liy  thousands  on  the  l)eatdies,  earcasHns  and  hones  strewed  tin;  shores,  and  this  jiro- 
dnctivi!  lishery  was  wlndly  dt^stroyod.  It  is  estimated  that  in  the  years  iH-jl  and  \-^2'i 
no  less  that  :Wi),li(M)  of  these  animals  were  kiUiMl  at  the  .Shet lands  ahnie.  An  Ameri- 
can captain,  deserihinn  in  alter  years  his  sneeess  there,  says:  '  We  went  the  tirst  year 
with  one  vess(d  and  yot  I  ,'JU();  the  sec(Mid  >  far  with  I  wn  vessels,  and  olitained  Ho.iiOil ; 
the  third  year  with  six  vessels,  ^^idtiii;;  only  l,7lMl — all   there  was  left.' 

"A  small  rooki-ry  is  still  preserved  at  the  Lohos  Islands,  oil'  the  river  l,a  Plata; 
this,  liL'inn  carefnlls  unaided  iindei' strict  rei^nlalions  hy  the  liovernment  of  Hnenos 
Ayres,  ami  rented  to  proper  partii's,  yi(dds  aliont  ,'>,Ul)i>  skins  per  annum.  .\s  late  as 
the  \i'ar  I""."!,  a  small  island,  hardly  a  mile  across,  was  discovereil  l»y  Americans  in 
the  .lapan  Sea,  where  ahont  ,')lt,O0l)  seals  resorted  animally.  Traders  visited  it.  ami 
ill  three  years  the  cinh  and  knife  lunl  (deaiied  them  all  o|f.  Not  litO  a  stnison  can 
now  be  tonml  there." 

Hon.  ('.  A.  Williiiiiis  of  Comie(!t"i(Mit,  who  iiiliciited  the  wliiilin^'  iiiid 
.sciiliiij;  biisiiios.s  iVom  lii.s  CiitlKU'  aiid  {iiiiiidfiitlicr,  s])oakiiif«'  of  the  sciil 
ill  tli«'  JSoiitli  I'.u'iliti,  ji'iivt;  tlie  following'  tetstimoii^  befoit;  tlic  (Joujjics- 
"siouiil  committee: 

The  history  of  scaliug  j;(»es  l)a(dv  to  ahont  17i)0,  and  fioiii  that  to  the  early  part  of 
this  century. 

In  the  earlier  period  of  vtbich  I  speak  thert;  were  no  .seals  known  in  the  North  I'acitlc 
Ocean.  Their  peculiar  lianiit  was  the  South  Atlantic.  They  wen;  <liscovered  by 
Cook,  in  bis  voya.ues,  on  the  island  of  Desolatimi  ;  by  AVi.blall,  in  his  voyaj^es  to  the 
south  pole,  on  the  island  of  Sontli  (ieorjiiaand  Saii(l\vi(diliind  ;  and  liy  later  voyaj;eis, 
whose  names  escape  me,  in  the  islandsof  tbe  South  Facitic  <  >cean.  When  tlie  nnmlier 
of  seals  u\t  those  islai.ds  were  first  broiij^bt  to  the  notice  of  British  merchants,  they 
pnisned  the  biintinj;  of  these  animals  on  the  island  of  Desolation. 

rin!  most  aiitiieiilie  authority  \\v  have  about  tbe  matter  is  derived  from  rejiorts 
niiide  by  these  voy,iy;(;rsa8  to  ihe  nmnbcrof  seals  taken  from  those  places,  and,  altlion;;h 
they  ar<'  not  entirely  accurate,  1  think  they  are  fully  as  accurate  as  could  bee.Kiiected, 
(■(Misiderin^  the  lajiseof  time.  On  the  island  of  Hesolation  it  isestiiiiatt'd  that  1, •■2(11), 000 
fur-seals  were  taken  :  from  the  island  of  Sonth  Georgia  a  like  iinmher  wort'  taken,  and 
from  the  isLand  of  Mas-a-Fnera  probably  a  j;'reatei'  niiinlier  were  taken.  As  to  the 
Saiidwichland  the  statistics  are  not  clear,  bnt  there  can  be  no  doiil)t  that  over  .")00, 000 
seals  were  taki'ii  from  that  locality,  and  in  IS'JO  the  islands  of  .South  Shetland,  south 
of  CajK^  Horn,  were  discovered,  and  from  these  islands  :WO,UOU  fur-seals  were  taken  in 
two  years.  There  were  other  localities  from  which  seals  were  taken,  bnt  no  others 
where  thev  were  found  in  such  laroe  numbers. 


The  cause  of  the  extermination  of  seals  in  those  localities  was  the  indiscriminate 
character  of  tin'  slauj;hter.  S(mietimes  as  many  as  tiftet'ii  vessels  would  be  hanj^iuj;' 
around  these  islands  awaitinj;  opportunity  to  i;et  their  catch,  and  e\t!ry  vessel  would 
be  uoverned  by  iiidivldnal  interests.  They  would  kill  every  thin<.;lhat  came  inthtdr 
way  that  fnrnisln  d  a  skin,  whether  a  cow,  a  bull,  or  a  niiddie-,i;rown  seal,  leaviii^jtho 
youn|4'  ])iips  Just  born  to  die  from  ne^ilect  and  starvatioi:.  It  was  like  takinj;  a  herd 
of  cattle  ami  killing-  all  the  bulls  ami  c()ws  ami  leaving;  the  calves.  The  extermina- 
tion was  so  ctniiplete  in  these  localities  that  the  trade  was  exhausted,  and  voyaj;e.-  to 
those  ])laces  weie  abandomul.  About  l^lil,  nearly  fifty  ye.ars  after  the  discovery  of 
the  Sonth  Shetland  Islands,  when  the  occupation  of  Alaska  by  the  cession  of  Uiissia 
to  the  I'liited  States  of  the  Hehrinji  Sea  was  broiij;l\t  about 

The  CuAiKMAN.  1  want  to  interrupt  yon  to  ask  a  (|nestiou  (Ui  that  jioint.  Were 
those  rookeries  in  the  South  Seas  iieviir  under  the  protectorate  of  any  {jovernnieut 
at  all? 

'fhe  WiTNicss.  Never.  .1  •.  jis  ^oiiig  to  say  that  when  the  cession  was  made  by 
Kussia  to  the  United  .juutes  ot  this  territory,  and  the  subject  of  the  value  of  furscala, 
or  the  iiossible  value,  was  broui;ht  to  mind,  ])eoi)le  who  had  been  previously  en- 
ga<;(Ml  in  that  business  revisited  these  sonthcin  localities  after  a  lapse  of  nearly  fifty 
years,  and  no  seals  were  found  on  the  island  of  Descdatiou.  These  islands  have  been 
used  as  the  breediuji;-  place  lor  sea  elei)hants,  and  that  creature  cannot  be  exteriui- 
uatedon  that  island,  for  the  reason  that  certain  beaches  known  as  "'weather  beaches" 


sr..M>  Fisin:iar..s  op  uehuing  ska. 


17 


:iif  I  lii'i'i).  'I'Ih'  sea  hrcjiks  riidfly  iiiioii  rlicso  licuchcB,  iiiid  it  is  imiHtssiMc  to  land  ii)iiiii 
llii'in.  'rimro  arc  cJilTs,  suiiii'tliiii;;  iiJM' :ilMi  to  .'lOd  rct^t.  id  n1  uii'  ice,  and  tln^  .scii-«lr- 
|iliaiit  liiids  a  Hat'c  rcNort  i>ii  tlu-ic  iMaciics,  and  slill  prc-KfrvcM  riiiiiii;li  lite  to  iiiai^rilKi 
|iiu^iiil  <it'  tiiat  animal  wurtli  I'ldliivNJn^  in  a  .iniall  way, 

I  inivo  vcssids  tlii'i(%  and  Inivf  liad.  niyst'IC  ami  t'alhiT,  I'm'  jiCty  ur  hiMy  years.  Mnt 
this  is  ini'idfnlal.  I'Ih'  island  of  Snntli  Shcthind,  and  tlir  i-.laiid  of  South  (oor^ia, 
ami  tlu!  island  of  Sandwi(dilaml,  and  t  In-  l»ic;;i)s,  otfCapi'  Horn,  ami  one  or  two  other 
niJior  points  wcic  found  to  >  ield  nnne  or  less  seal.  In  tins  period  of  lil'ty  yuars  in 
iheso  localities  seal  life  had  remperaled  to  sncli  an  extent  that  thore  was  taken  from 
tjn'ni  in  the  sis  years  from  l-Tn  to  l^7tl  or  l"^T7  perhaps  40,(iiM»  .nkins. 

<,».  After  they  had  la-en  ahandoned  for  lift y  years  .'—A.  Yes;  to-day  th<'y  aro  iijiuiii 
iNhausted.  'I'iie  last  year's  sear(di  ol"  vesseU  in  that  rei^ion--!  have  tiie  statistic- here 
if  a  vessel  from  Hlonin^ton  from  I  he  Sonth  sjn  tlanil  Islands,  lepoited  in  l"*'*,  an<l  she 
|irocnre(l  ;>'.•  skins  as  the  total  result  ol'  scare  h  on  those  islands  a n<l  Sont  h  ( ieor;;ia. 

line  id'in.N  own  vessids  proenred  til  skins,  inclniliiii;  II  ]inps,  as  the  total  result  of 
her  Noya;;!' ;  and,  except  ahont  Cape  Ifnni,  theie  are,  in  my  npinion.  no  seals  remain- 
mj;.  1  do  not  think  t  hat  IdC  seals  could  he  procured  t'rom  all  (he  localities  meni  ioned 
I IV  a  <!lose  searidi.  Any  «Mn<  of  those  localities  1  have  nannd,  nm lei'  proper  i>rotectniu 
anil  restrictions,  miy,ht  have  lieeu  perpetuated  as  a  lireetlinji  phu:e  loi'  seals,  yitddini; 
as  meat  ii  nunilter  per  annum  as  <lo  the  islands  lielonyin;;  to  the  I'nited  Ktates. 

.Now,  tht^  iDido  in  thosi'  localities  is  entirtdy  exhausted,  anil  it  would  he  impossihle 
in  II  centiir.v  to  restoik  those  i-damis,  (U' lirin;;  t  hem  Iiack  to  a.  point  where  they  would 
yield  ii  reasonahlo  return  for  the  investment  of  capital  in  hnniiuy  skiiiH.  'I'hat,  in 
brief,  cotiiidetes  tlio  history  of  the  fur-seal  in  tlie  South  Atlantic  Ocean. 

DANiiKit  Ol'  riii:  r..\Ti:i:Mi.\Ariux  oi    riii;  ai.ask.v  kookkuiks. 


We  have  already  mentioned  that  the  present  niiinher  of  seals  on  St,  Paul  iiihI  St. 
I  ieor<;o  islands  has  iiiateiially  diminishecl  diiriiiji' the  last  two  or  three  years.  The 
lestimoiiy  discloses  the  fact  that  a  lar;i(>  numlief  of  liritish  and  .Vniericaii  vessid.s, 
manned  l)y  e\|iert  Indian  seal  hunters,  liave  fre(|uentc(l  liehrinj;-  Sea  and  destroyed 
iiuudredsof  thousands  of  fur-seals  liy  shoo  tin;:'  them  in  the  waUT,  and  seen  ritii;- as  many 
•  >i  I  lie  carcasses  for  their  skins  as  t  hey  were  able  to  tak''  on  hoard.  The  i  rstiniony  of 
!  lie  (jrovernment  aj;ents  shows  thai  of  the  nuniher  r)f  seals  killed  in  the  water  not 
more  than  one  in  seven,  on  an  avcrai;e.  is  secured,  for  the  reason  th;it  a  wounded  seal 
\\  ill  sink  ill  tile  sea;  so  that  for  every  tlnuisand  seal-skins  secured  in  this  maniier 
'iicrc  is  a  diminution  of  seal  life  at  these  rookeries  of  i^t  least  7,0<iu.  .Vdded  to  this  is 
liie  fact  that  the  shootiiiii  of  a  female  setil  with  yonncr  causes  the  death  of  hoth.  If 
the  shootinj;  is  liofore  didiveiy,  that,  of  conr.se,  is  the  end  of  both:  if  after,  the  yoiin<;' 
>cal  dies  for  want  of  Hiisteiiance. 

l>uvinjj  the  season  of  ISH.')  the  number  of  coiitrahand  seal-skins  placed  on  the  mar- 
ket was  over  1:^,0(1(1 ;  and  in  l-'r^b,  •J.'.,OlMi;  in  l-^-^T.  M-l.OOi*:  and  in  l-'8-<  the  iiambcr  of 
illicit  skins  secured  bs'  Hiitish  cruisers  was  loss  than  'ir),lMi(),  which  number  would 
base  lieoii  hiffjely  increased  had  not  the  seasiui  been  very  stormy  and  boisterous. 
American  citizens  respected  the  law  and  the  [uibliHlied  notice  of  the  Secretary  of  the 
rreasnry,  and  made  no  attempt  to  take  -.cals. 

From  tills  it  apjiears  that,  diiiinj;-  the  last  three  years,  the  iininber  of  <'oiitrabaiid 
sealskins  jdaced  on  the  market  amounted  to  over '.t7,(M)(i,  and  which,  according;  to 
the  testimony,  destroyed  nearly  three-([narters  of  a  million  of  fiir-seals,  caiusin^  a 
loss  of  reveiino  anioitntiiiij;  to  over  S'2,lKiU,0OU,  at  the  rate  of  tax  and  rental  jiaid  by 
the  lessee  of  the  seal  islands. 

LIMITATION:    THE    LESSEE    FORUIDDEN    TO    KITJ.    ANY    FEMALE    SFAL. 

The  following  is  an  extract  tVoin  tho  ollicial  fcport  to  (Joiigrcss; 

The  lessee  is  permitted  to  kill  1flO,(t(IO  fur-seals  on  St.  I'aiil  and  St.  OtMir^'c  Islands, 
anil  no  more,  and  is  prohiluted  from  killiun  any  female  seal  or  any  seal  less  than  one 
year  old,  and  from  killiiif:;  any  fiir-seal  at  any  time  except  during  the  months  of  .Iiine, 
July,  September,  and  Octidie'r,  and  from  killiiii:  such  seals  by  the  use  of  tire-arniH  or 
other  means  tending;-  to  drive  the  seals  from  said  islands,  and  from  killing  any  seal  in 
the  water  adjacent  to  said  islands,  or  on  the  beaches,  clil'ls,  or  rocks  where  they  haul 
i\\>  frwm  the  sea  to  remain. 

Farther  extract  from  report : 

It  is  clear  to  your  committee  from  the  proid'  submitted  that  to))iohibif  .seal  kiliinj; 
on  the  seal  islaiids  and  permit  the  killiiij;-  in  Helirih;;  Sea  would  be  no  protection  ;  for 
it  is  not  on  the  islands  where  the  dest  ruction  of  seal  life  is  threatened  or  seals  are  un- 
lawfully killed,  but  it  is  iii  that  part  of  Behring  Sea  lying  between  the  eastern  and 

H.  Ex.  450 2 


I' 


18 


sKAL  risiiKi.'iKs  or  r.i.iiiMNO  hi:a. 


wrstoiii  liiuit«  of  AliiHka,  as  <l»strilMMl  in  tin-  tival.\  of  <t<.sHio-,  tliiou-li  ^^lll.•ll  Ih.' 
sfulH  |iiiHs  anil  rcjiass  in  ^oiiiK  to  ami  from  tlii'ir  fffiliiiH;  uronmlM,  Monif  ..i)  inili's  south- 
ra.Ht  of  llii'  ioi.l;i'rir>,  and  in  liii'ir  animal  niinratioijH  lo  and  from  fin-  iftlantU. 

Extract  from  rrpoil  ol  I-.  N.  iJii.vnitsUy,  n{i-»Mit  of  the  Ticusiiry  in 
ISTO.  to  H(.ii.  (Jcur.uv  I,,  r.oiilwcll.  Si'civtaiy  of  tin-  Tiviisiiry.  It  will 
be  ohsi'i  vcd  that  tliin  ivport  was  made  in  1^70,  ln'foin  any  disputi'  had 
arisiMi  with  the  Canadian  scalcns. 

Wlirn  till-  liciil  IniH  lifiMi  driven  actTlain  ilislancf  from  thoMlioro  a  lialt  in  made, 
and  a  sciriini;  of  tlic  j;anM?  as  to  a;,'(',  srx,  ami  mndition  of  tho  fur  iH  flfci'tcd.  'riiix 
oiMMation  rciinircs  Ihc  fxi'rci.so  of  a  lilc  lony;  fx|ifrinnc,  and  is  of  tin*  ntmont  im- 
)iorlant:c,  ah  tlif  killing  of  I'cmali's,  wliicli  arc  easily  miHtakcn  for  vonn;;  malt's,  even 
l),v  llie  natives,  vnnld  endan-er  tlie  |irniia;;;<tion  of  the  species. 

The  Hiime  wilnt'MS,  when  not  an  cmidoyt'  of  the  Treasury,  {j;ave  testi- 
mony on  iinother  jtoint  in  iHSi): 

(.}.  Whrrc  arc  those  seals  horn:'  Where  do  the  female  seals  ;;ive  hirlli  to  their 
vonnji '/ — A.  'I'hcv  are  horn  on  the  rookeries. 

(;.  Are  tlicy  an  animal  nr  a  fi>h,  or  what  are  thcv  ;  how  do  von  classify  tlicni  .'—A. 
'I'liev  are  hol-ldoodcd  animals  Ixirn  on   the  land:   they  are  not  a  lish. 

(/  And  hcirn  on  the  rnitcd  Stales  territory.  iUc  they  f— A.  Vcs :  all  those  horn  on 
the  islands  (tl  St.  I'anI  and  St.  (Jcor^ne. 

(.{.  That  is  ill  United  States  territory  ?— A.  Vcs,  sir.  "  Fisheries "  is  a  misnomer 
all  the  wa\  tliroiiMh,  and  ahva%s  was. 

11.  A.  (Hidden,  tin  :ij.;('nt  of  tlie  Tretisury  DepartiiKMit,  Wiis  on  the 
Pribyhtv  Ishmds  from  Slay,  1881',  to  June,  188,>.  In  describing'  before 
the  ("onfiressioiial  coiiiiintiee  flic  mode  of  killing  seals  by  the  les.see  of 
the  islands  the  followiii;,^  occurred: 

(}.  Jiotliey  kill  ;iny  females  .'—A.  They  never  kill  females.  I  do  not  know  of  Init 
one  or  two  instances  in  my  cxiu'Vience  where  a  tciiiah;  seal  was  ever  driven  out  with 
the  crowd. 


i:  .1 


i!    1 


Q.  Do  you  hclieve  seallife  can  he  i»reservcd  without  (iovenunent  protection  over 
them  .' — A.  I  do  not, 

W.  I>.  Taylor,  ;i  Treasury  iioent,  was  asked  the  same  question  as  to 
the  killiiif-  of  female  seals,'and  he  said  that  "he  had  never  known  but 
one  or  two  killed  by  the  leesee  on  the  islands,  and  they  by  accident." 
lie  Wiis  further  asked  as  follows  : 

Q.  When  they  kill  the  seals  in  tho  waters,  ahoiit'  what  proi)ortion  of  them  do  they 
recovoj'  .' — A.   I  (hi  not  hclieve  more  than  one-fourth  of  tliem. 

Q.  The  others  sink  .'—A.  They  shoot  them  and  they  sink. 

Q.  J  lave  yon  ever  noticed  any  wouuded  ones  that  came  ashore  that  have  heen 
sliot  ? — A.  No,  sir;  I  do  not  thinjc  I  did. 

The  same  witness  testilied  as  follows  : 

Q.  Von  do  not  think,  theu,  that  the  value  of  the  seal  lisheries  and  the  seal  rook- 
«'rieH  could  he  picsei  \ed  under  an  open  policy  't — A.  No,  sir;  ]  do  not.  I  tliiuk  if  yoii 
open  it  they  will  he  destroyed  without  (|iie.stio:i. 

Q.  Do  you  think  it  necessary  t<»  protect  the  .seals  in  the  Heaand  down  in  their  feed- 
ing grounds  in  the  I'acilic,  if  possihlc,  in  order  to  ]>re.serve  tlu'ir  full  value  and  the 
pcrjietuity  of  seal  life  ?  Do  you  think  they  ouijht  to  he  protected  everywhere  as  well 
as  on  the  rookeries.' — A.  Ves,  sir:  L  think  they  ought  to  he  ))rotecte(l  not  alone  on 
the  rookeries  hut  on  the  waters  td'  the  ISelirinn  Sea.  1  do  not  think  it  is  necessary  to 
go  outside  of  the  liehiing  Sc.'i,  hecanse  there  is  no  eonsiderahle  nnmher  of  them. 

Q.  Are  they  so  dispersed  in  the  i'acilic  that  they  would  not  he  liahle  to  destruc- 
tion .'—A.  Ves,  sir;  they  are  scattered  very  much,  and  no  hunlt!rs  do  much  hunting 
in  the  I'acilic,  as  1  understand.  Another  reason  why  they  should  he  |ii'oteeted  h\  all 
the  waters  of  the  I'xdiring  Sea  is  this:  A  large  nninhcr  of  seals  that  arc  on  the  islands 
of  course  eat  a  great  many  lish  every  twenty-four  hours,  ami  the  lish  have  hecome 
well  aware  of  the  fact  that  there  are  a  good  niany  seal  on  the  .seal  islands,  and  they 
stay  (mt  a  longer  distance  from  the  islands,  and  they  do  uot  come  near  the  shore.  It 
heeoincs  necessary  for  the  seal  themselves,  the  cows,  to  go  a  good  distance  into  the 
sea  in  order  to  ohtain  food,  and  it  is  tlier*!  where  most  of  the  damage  is  donehy  these 
vessels.     They  catch  them  while  they  are  out. 


op  I 


SKAL    I'lMIKinivS    OF    l(i;ilK'l\({    SKA. 


1!) 


q.  Mil  on  till'  indloM'ics  tlit'v  iio  out  iliiily  t'nr  IihiiI  .'—A.  'Iln'  ro\v«.  no  out  i'v.t.v  (lay 
I'or  I'ooil.  I'lic  iMills  do  iiot  i;ii:  lliry  sliiy  ti(i  tin-  itliiiiil  iill  Milium. -r.  'riH'coWMKM  ll» 
ami  l'>  mill'-*  iiiid  i-vrii  I'lirllicr — I  <|ii  not  know  tin-  iiviTajfr  of  if— anil  llicy  iirn  uom^' 
ami  rominK  all  tlii«  niormiiH;  ami  fvi'iiiii'^,  I'lic  stMi  is  hliit'U  sviMi  tln-iii  aimiiKl  uiioiit 
the  islamU,  IftliiMf  is  a-  liltlr  lo^'  uml  tlii'V  y;oi  out  li:iir  a  tiiilo  troin  slKito.  \\r  ciiii 
mitsrc  a  vi'Hsol  —  lOd  yanh  liVdi.     i'lic  m-ssi'U  llminsclvcs  lay  around  tin-  inlands  tin  re 

where  lliey  pick  up  a  ;;■ I  many  soal,  and  tlii'i-e  is  wh.Te  tiie  Uillinn  (»!'  rows  (nrui's 

\vliei\  tiny  no  asliurc.  I  tliiiik  this  is  worse  tiiiin  it  would  lie  to  take  ■,'.">, (Hlii  more  si'al 
on  the  islands  than  iiro  now  taken.  I  think  there  is  some  ilam;iy;e  done  in  the  kill- 
■iii;  and  shoot  in;;  of  the  cows,  and  leavin.;' so  many  yonny;  without  their  mothers. 

i,».  Is  it  your  opiuii  II  that  a  lar;rer  nmnlier  ol' seals  may  he  lakcn  animally  without 
iletriment  to  the  rookeries.' — A.  No,  sir;  I  would  not  recoiiimrnd  t  hat,  The  time 
iiiiiy  come,  lint  I  t liink  t hat  om*  year  with  another  thev  are  takin;;  all  they  oii;;hi  to 
take,  I'or  this  reason  : 

1  htdieve  that  tin-  liLjiacity  of  tlio  hull  seal  is  limited,  the  same  as  any  olliei' animal, 
and  I  have  very  rreiinently  counted  from  thirty  to  thirty-live  uml  ovon,  at  one  time, 
Ibrlytwo  cows  with  one  hull.  I  think  if  there  wnre  more  liulls  the. e  would  he  hss 
cdWM  to  one  hull,  and  in  that  way  the  incroase  would  he  ;;reater  than  now.  While 
the  niimher  (d"  .seal  in  t  he  a;;;;reyate  is  not  apparent  l>  diminished,  and  in  I'aet  there  ii 
iindouhtedly  an  iiicrcjise,  yet  if  ycni  take  any  ;;reater  nnmlierof  seal  than  is  talveii 
now,  this  ratio  of  cows  to  one  hull  would  he  ;;ieater,  and  for  that  re.ison  there  .vonld 
he  a  less  nuinher  of  youn;^  seals,  iindouhtedly.  I  Imdv  upon  i  he  l>r 'edinn of  the  seal 
as  soinethiii;;  like  the  hr  ■edim^  of  an\  other  .iiiimal.  and  thai  the  same  care  and  if 
stri<'lioii  and  .jiidjjmeiit  should  he  ^^Kereised  in  this  hreeiliii^-. 

Tlii^  .same  witness  tcstilied  us  follows: 

Q.  What  will  heUieelVect  niioii  thesmil  rookerioH  if  tliissurreiititions  and  iinl;iwl'iil 
killin;-  in  tin-  Ihdiriiin'  Sea  is  to  he  permitted  .'—A.  In  my  Jiid;;iiicnl  it  would  e\cniii- 
all,\  exterminate  the  seal. 

Mr.  (J.  A.  Williiims,  of  Connec'ticiit,  before  referroil  to,  tcstitieil  as 
follows : 

().  I  would  like  to  know — I  do  not  know  that  it  is  Just  the  ]iroper  rime — hut  I 
would  like  to  ;;et  the  idea  of  those  coinfisant  with  the  haldts  .lud  nature  of  the  seal 
as  to  what  their  opinion  is  upon  the  ellect  ol'  tln^  indiscrimin.ilt^  killiiiL;-  of  them  while 
they  are  coming  to  and  fioiiii;  from  the  islands. —A.  'I'liat  i.s  .'i  (|uestion  whiidi  I  think 
most  any  of  us  here;  can  answer.  If  you  note  the  I'onformation  of  the  Aleutian  Islands, 
which  loriii  a  wall,  and  not*:  tlu^  t?"P^  tliroui;li  which  tlie  seals  <^om(^  from  the  Pacilic 
<  >cean  seekinji  this  haunt  on  these  islands,  tiuit  is  the  whole  i>oiiit.  When  they  come 
tliroiijih  thesis  various  jtasses,  jrenerallN'  tlirou;;li  the  Oomnak  Pass,  the  sea  is  reason- 
ahl.v  shallow,  and  the  cows  come  laden  with  pui>s,  waiting;  inlil  the  lust  moment  in 
the  wiito!"  to  eo  ashore  to  deliver,  hcc.uise  they  can  roll  and  scratch  iiiid  Indp  them- 
selves hetter  than  if  they  haul  out  when  lie;ivy  with  in!  p.  ,so  they  stay  in  the  water 
playiiij;'  ahont  until  their  instinct  warns  them  it  is  time  to  no  ashore,  and  during  that 
time  they  are  massed  in  ^rcJit  Mini.ntities  in  the  sea. 

(^.  .Now,  ill  that  view  of  it,  the  destinction  of  tluMn  there  is  almost  practically  the 
.same  as  the  destruction  of  them  on  the  islands? —A.  Yes,  sir. 

(•i.  And  the  conditions  are  as  hail? — A.  Yes,  sir;  and  often  worse,  for  this  reason: 
If  you  kill  a  luip  you  destro.v  a  siiigh!  life,  hut  in  killinj;-  a  cow  you  not  onl.v  destro.v 
the  lift*  that  may  he,  hut  the  source  from  which  life  comes  hereafter,  and  when  they 
are  killed  there  in  the  water  h.v  a  shot-gun  or  a  s])ear  the  proportion  saved  hy  tbe 
hiintoi'8  is  jirobahly  not  (me  in  seven.  That  was  their  own  estimate:  that  out  of  eight 
shots  the.v  would  save  one  seal  and  .seven  were  lost.  If  they  Avere  killetl  on  the  land, 
those  seven  would  go  towards  tilling  out  their  8cor(>. 

The  same  witness  also  testified  as  follows: 

Q.  Have  you  instructed  your  agents  to  comjily  strictly  with  the  li-ws  and  regula- 
tions of  the  Treasury  Department.' — A.  In  everv  casi^ :  yes. 

(i.  Do  you  kill  seals  with  lire-arms  at  the  islands,  or  do  you  prohibit  that.' — A.  Xo, 
sir;  never;  it  is  not  allowed  hy  the  act. 

Q.  Do  you  kill  the  female  seals  or  allow  them  to  be  killed  .' — A.  Never  with  our 
knowledge. 

Q.  Do  you  kill  any. during  the  month  of  August  for  their  skins? — A.  Not  a  .seal;  no. 

C}.  Do  you  kill  any  seals  under  two  years  old  ? — A.  Not  that  we  are  aware  of. 

The  same  witness  further  testified: 

Q.  Now,  I  would  like  to  have  your  opinion  as  to  the  insiiHiciency  of  tht!  iiresent 
measures  taken  by  the  Governim  'it  for  the  protection  of  the  rookeries,  and  your 
opiniou  as  to  whether  any  additioi.   1  safeguards  are  necessary  for  their  protection. — 


20 


.SEAL    FISHER  IKS    Ol'    iiKllKlNG    .SKA. 


i  ! 


^ 


A.  Tliiit  llu' prt'MMU  iiiejisiiics  arc  soiiiiwli.it  instirHriciit  is  sliowii  by  tlif  fact  tliaf 
for  the  last  tlucf  or  lour  vt'ars  tlnTc  Iiavo  Imh'u  increased  deineilatioiis  apiiiiaHy  upon 
the  rookeries.  More  seals  are  taUeu  within  the  limits  of  the  JJehriiu  S.-a.  For- 
merly seals  were,  only  taken  outside  of  liehriuji  Sea,  as  they  passed  uji  I'c  I>ritish  Co- 
luml'iia.  and  olf  the  mouth  of  J'uj-et  Sound,  in  the  watersof  the  I'acific  Ocean.  'I'hat 
was  a  lejiltimate  i>lace  to  take  them,  and  one  aijainst  which  no  ohjeetioii  could  he 
raised,  "seals  \^hicll  come  i\])  that  way  enter  thronjih  the  jjassajjes  id'  thi>  Aleutian 
Islands  nearest  to  the  mainland,  and  it  has  always  heen  the  custom  in  ]?ritish  (,'o- 
lumhia  ami  (Uir  Sound  to  intercept  the  seal  anil  yt't  what  they  could.  Within  the 
last  two  or  three  years  niarandt  is  have  followed  them  thron^h  the  ))assanes  into  Heh- 
rhi}^  Sea,  and  have  with  jinns  anil  sjiears  taken  the  seals  as  liu'y  lay  upon  the  water, 
as  1  stated  before,  waitinu.'  to  haul  ashore  and  liavi'  their  jiups.  The  cows  are  heavy 
with  i)nii.  ami  they  do  not  like  to  j^o  ashore  nnlil  the  last  moment,  and  so  they  lie 
there  in  the  waterj  and  this  allords  an  opportunity  for  t'.iese  maraudeis  to  shoot  and 
spear  llitiu.  This  is  done  by  nan-is  of  Imlians  which  they  have  'J'hey  hire  <;aii>;s 
of  Indians  and  take  them  witii  ihtiii.  The  etfects  of  this  shootinj;  is  noi  alone  ujiou 
the  seals  which  are  at  that  iioint,  Imt  also  uixm  tho.se  all  around,  ami  it  startles  them 
and  raises  a  suspicion  in  their  minds  atid  there  is  a  ;;t'neral  fe(din,ii  of  disturbance, 
such  as  you  ncttice  amon^-  cattle  when  bears  are  about  or  somithin;;  of  that  kind. 

And  again  : 

(^.  Xow,  Mr.  Williams,  should  it  be  liually  ascertained  antl  considered  b.\  our  Cov- 
eminent  that  under  the  treaty  of  cession  by  which  we  ac(|uircd  Alaska  from  IJiissia, 
ami  under  the  laws  of  nation's,  the  Fnite<l  States  does  possess  ami  has  absolute  do- 
nunion  and  jurisdiction  over  Htdiriim'  Sea  and  the  waters  id' Alaska,  would  yoii  think 
it  would  be'a  wise  policy  U>  adhere  to  and  maintain  that  Jurisdicti(m  and  dominion 
complete,  or  would  it  be  wiser  to  declare  it  the  lii^h  sea  in  the  lef;al  sense  .' — A.  In 
the  li.uht  of  to-day  I  should  say,  keep  what  you  liaxc  eot. 

Q.  iloid  it  as  a'closed  sea  .' — .V.  Fisheries  within  thosi'  limits  are  yet  to  be  devel- 
o]ied.  and  it  viuiid  seem  to  iu'  \  ery  unwise  to  ojien  up  possible  tish'jry  contentions 
which  ate  very  likely  to  aiise  by  such  a  course. 

(,».  Vou  think  that  it  would  be,  then,  the  wiser  policy,  to  maintain  such  Jurisdic- 
tion ami  dominiou  as  we  have,  and  to  concedj'  to  the  vessels  (d'  other  nations  such 
rights  as  are  iu)t  inconsistent  with  the  interests  whi(  h  our  nation  has  there  and 
whit  h  m'e<l  protection  ? — A.  Exactly  that  ;  the  right  of  transit  through  the  sea  where- 
everthey  please,  but  positive  protection  to  seal  life. 

(j>.  Vou  do  not  thiidi  it  would  be  wise  to  grant  anvthing  else/ — A,  No,  sir;  not  at 
all. 

(}.  And  in  no  case  to  surrender  the  |)o\\er  of  policing  the  sea  /—A.  No,  sir:  under 
no  eircumstances. 

(,).  Could  that  iiower  and  ,iuiisdicti(Mi  be  surrendered  and  yet  preserve  this  seal 
life  on  tlii'se  rookeries  and  tin;  value  of  our  lislieries  that  may  be  develoi)ed  there  .' — 
A.  Only  with  very  great  risk:  because,  if  that  right  is  surrendered,  and  thertd)y  the 
right  to  ])oliee  the  sea,  the  depredatittns  that  :ire  made  upon  the  seal  wlieievtM' they 
may  be  found,  wherever  men  thought  they  could  carry  them  out  without  being  taken 
in  the  act  would  be  carried  out.  So  it  would  Vie  difficult  in  regard  to  the  lislieries. 
Wherever  they  could  kill  these  seals  they  certainly  would  lie  there,  and  it  would  be 
im))ossible  to  prevent  them. 

In  the  .statenient.s  and  .statistics  relative  to  the  fur-seal  fisheries,  sub- 
iiiittt'd  by  ij.  A.  Williiinis,  in  IS.ss,  to  the  Coiiiniittee  of  Conyress  on 
Merchant  JMarine  and  Fisheries,  appears  the  follouino': 

Exiimination  of  the  earliest  recordsof  the  fur-seal  lishery  shows  that  from  the  date 
of  nuin's  recognition  of  the  value  ol  the  fur  ihe  i)ursnit  of  tlu!  animal  bearing  it  has 
been  tim'easing  and  relentless.  Sa\e  in  the  few  instances  to  be  noted  hereafter, 
where  go\eruments  have  iiuorposed  for  the  purpose  of  ]irotecting  seal  life,  luiving  in 
view  hem  tits  to  accrue  in  the  future,  the  animal  has  been  wantonly  slaughtered, 
witli  no  ri  gard  for  age.  sex,  or  condition.  The  mature  male,  the  feuuile  hcav\  with 
young,  the  pup,  difpcndent  for  life  on  the  mother,  each  and  iill  ha\'e  been  indiscrim- 
inately killiMl  or  left  to  'ie  of  want.  This  erutd  and  u  4eless  butchery  has  resulted 
in  complc!!'  exteiiuination  of  the  tiir-sial  Irom  localities  uhicli  were  (juce  Irequented 
by  millions  of  the  species;  and,  so  far  as  these  localities  ai'e  concerned,  has  obliter- 
ated an  industry  which  a  little  more  <'nligiitened  seltishiK  ss  might  have  preserved  in 
])erpetuit,\  to  the  great  benefit  of  all  ranks  ol'  civilized  sctciety.  '  Xotliing  less  than 
stringent  laws,  with  will  power  to  enforce  them  against  all  vi(dators,  can  preserve 
for  man's  l>enelit  the  remnant  ofti  r.ace  of  animals  ,so  interesting  and  so  useful. 

The  most  valiial)l<^  "rookery,"'  or  breeding  place,  of  these  animals  ever  known  to. 
man  is  now  in  the  pos.session  of  the  L'nited  States.  How  it  has  been  eared  for  in  former 
years  and  brought  to  its  present  state  of  value  and  nscfiilncss  will  he  shown  later  on. 


,1 


H 


k 
i 


IBIi 


I 


li(>  fact   that- 

•  iiiially  upon 
■X  Sea.     Vm- 

•  r.ritisli  Co- 
)cfaii.  'I'liat 
km  could  l)c 
tlit>  Ali'iitian 
,  Uritish  ('u- 

Withiii  tlie 
H'cs  into  Hi'li- 
11  the  water, 
iV8  arc  lu'a\  y 
I  s()  llicy  lie 
to  slioot  and 
V  hire  f-aiijiw 
I  alone  iipou 
startles  them 

(listiuliauec, 
(hat  kind. 


1  l)\  our  CoV" 
t'roiii  liussia, 
alisoliito  (lo- 
ild  y(ni  think 
nd  doniiuiou 
L'nse  .'—A.  In 

to   bo  devel- 
y  contentions 

lull  Jiuistlic- 
iiations  snch 

las  tlieie  and 
he  sea  wheie- 

o,  sir  ;  not  at 


o,  sir:   under 


rve  this  seal 
I] led  there  .' — 
d  thciehy  the 
\  lu'rcver  they 
t  hei?i;i-  taken 
I  the  lisht^ries. 
il   it  would  be 

;lierie>s,  siib- 
Joiioress  ou 


from  the  date 
lii'ariiii;  it  has 
ted  hereafter, 
life,  liavinji  in 

slaiijihtereil, 
le  heavy  with 
eeu  indiseriin- 

has  resulted 
ice  iretiuented 
d,  has  obliler- 
(■  iircserved  in 
linn'  less  than 
1,  can  preserve 
)  tiseful. 
?ver  known  to 
)d  for  in  former 
liow  n  later  ou.. 


SEAL    FISilKUIE.S    OF    ISFIIRING    .SKA.  21 

Tint  the  matter  of  its  iireservarlon  and  pcrpetuafinn  intact  is  the  impurtant  ([uestion 
of  the  moment,  and  that  this  i|iiesriii||  miiy  )„.  considered  intelli;;enrly  the  evidence 
is  here  i>resenled  of  the  wanton  destrnetion  thai  has  befallen  these  animals  when 
left  unprotected  by  the  law  to  man's  y;rced  and  sidlisluKvss,  which,  it  is  fair  to  say,  Ls 
all  that  (.ould  be  exiiected  from  the  unlicensed  hunter,  whose  nature  seeks  individ- 
ual and  iinmi'diate  ;;ain,  with  no  re,i;ard  for  a  future  in  wh'ch  in*  has  iki  assurance  of 
)iersonal  advaiitaji'e. 

The  tbllowinji'  .statistics  are  gathered  from  the  Journals  of  early  navigators,  and 
siu  h  commercial  records  as  are  now  a\ailalile  are  .-ubmitted  : 

Kcnjiiilcn  Latid. — An  island  iri  sontlieru  Indian  <  )ceaii,  discovered  about  ITT'J,  The 
chores  of  this  island  were  teemiiiji  \.  itii  fur-seal  when  il  lirst  became  knov\n.  15etwe(>n 
llic  dale  of  its  discovery  and  the  year  X-^^fi*  over  l.'JOd.dOii  seal  skins  were  taken  by  the 
Ibitish  vessels  from  the  island,  and  seal  life  theieini  was  exteiniimileil. 

Croccth. — The  Crozett  Islands,  in  same  ocean  and  not  far  distant,  were  also  visited 
and  hunted  over  and  the  seal  life  there  totally  exhausted. 

Mus-d- Ftinii. — An  island  in  soulht^vu  Tacitic  Ocean,  latitnde  '.\S°  48'  .south,  longitude 
"^0  :M'  west,  came  next  in  order  <d' discovery,  and  from  its  shores  in  a  tew  years  were 
.gathered  and  shiiiiied  1.-,'imi.,0(I(I  fui-.seal  skin's. 

Delano,  (diajiler  17,  pa.i;('  :iOt),  says  of  Mas-ii-Fuera  : 

'•  When  the  Americans  came  to  this  |i]ace  in  IT'.I?  and  beiran  to  make  a  business  of 
kill  in;;  seals,  there  is  no  doulit  Imt  there  weie  •J.dOO.OdO  or  :!,000,(l(lil  o(  them  on  the 
islaiKl.  1  have  made  an  estimate  of  more  th:iii  ;!.doii.ui)(i  tli.it  lia\e  beiMi  carried  to 
L'.inton  from  thence  in  the  space  of  seven  years.  1  have  carried  more  than  Ino.OOb 
myself  and  have  been  at  the  ]dace  when  there  were  the  ]ieople  ot  fourteen  ships  or 
vessels  on  the  island  at  one  time  killing;  se.als." 

Smilli  Slirlhiiiils. — In  IStJl-'-j;')  the  South  Shetland  Islands,  a yronp  nearly  s'mth  from 
Cape  Horn,  becanu!  known  to  the  seal  hunters,  and  in  two  years  over  M'JO, 000  sHals 
were  killed  and  their  skins  shipi)ed  from  these  islamls. 

Soiilli  (li'iivfiid. — Later  still,  seal  were  found  on  the  island  of  '^oiitli  iieor^ia.  South 
Atlantic  Ocean,  and  from  this  locality  were  ol'tained  o\er  l.UOO.OOO  of  iiir-seai,  leav- 
iDH  the  beaches  bare  of  seal  life. 

Ciilir  Iliini. — I-'roin  the  c<)asts  of  South  Anierici!  anil  about  ('.'ipe  Iforn  many  thausands 
of  fur-seal  lia\e  been  taken,  and  of  the  life  once  so  prolitic  there  notliin'r  is  now  left 
save  such  remnants  of  tbrinei'  herds  as  shelter  on  locks  and  islets  almost  inaccessible 
to  the  most  daring  hunter. 

This  record  shows  the  nearly  conndete  destruction  of  these  valuable  i\iiimals  in 
southern  seas.  I'rojierly  protected.  Kerguelen  Land,  Mas  a-Fiiera,  the  Shetlands,  and 
South  (Jeorgia  might  have  been  hives  of  industry,  producing  vast  wealth,  training- 
schools  lor  hardy  seamen,  and  fuinisliing  emidoyment  for  tens  of  tlimisands  in  the 
world's  markets  where  skins  are  dressed,  prejiared.  and  di^t  riluUed.  I'liiT  the  locali- 
ties were  no  man's  liiud,and  no  m.ai  cared  tor  them  or  their  products  save  as  through 
destruction  they  could  be  transmitted  into  a  ii.assiiig  pidiii. 

The  .seal  life  of  to-day  .availalde  for  ciuiunerci.il  inirposes  is  centered  in  three  lo- 
calities: 

(1)  The  Lobos  Islands,  situated  in  the  month  of  the  ri  rin-  La  I'lata,  owned  and 
controlled  V)y  the  I'ruguay  Kcpublic,  ami  by  that  Government  leased  to  private  ])ar- 
ties  for  the  sum  of  !iiii),d()u  iter  annum  and  .some  .stipiilati'd  charges.  The  annual 
l>rodnct  in  skins  is  .about  l:i,0(iU.  'I'he  skins  are  of  rather  inferior  (luality.  Insiifti- 
cicnt  restrictions  are  placed  upon  the  lessees  in  regard,  to  the  number  of  skins  per- 
initttMl  to  be  taken  aiinnally.  consei|nently  there  is  some  waste  of  life;  iievei-rlieless 
!lii>  ineasiire  of  ludtection  all'Aved,  has  insured  the  jireserviition  of  the  rookery,  and 
will  continue  so  to  do. 

{2}  Komandorski  Couplet,  which  cmisists  of  the  islands  of  Copiier  and  Hehring, 
near  the  coast  of  Kaincbatka,  ii.  that  iiin-tion  of  liehring  Sea  pertaining  to  Russia. 
These  isl.ands  yield  about  40,001)  skins  per  annum,  of  good  ([iiality,  an>l  are  guarded 
by  carefully  rcstricti\o  rnhs  as  to  the  killing  of  seal,  .'uialogous  to  the  statutes  of  the 
rniled  States  ndative  tc  the  same  subject.  The  right  to  take  seals  upon  them  is 
leased  by  the  Russian  (iovernment  to  an  association  of  American  citixens.  who  also 
hold  the  lease  of  the  islands  belonging  to  the  United  States,  and  are  tims  enal)leil  to 
<'oiitr(d  ,111(1  direct  the  business  in  t'ur  seal  skins  forthe  common  advantage  and  benetit 
of  ;ill  parties  in  interest.  These  islands  can  hardly  be  said  to  have  been  ''worked" 
at  all  for  salted  seal-sk  ns  prior  to  the  cession  of  .Vl.aska  by  K'lissia  to  the  United 
States,  .and  the  United  States  (iovcriiineiit  now  iirolits  by  the  industry  to  the  extent 
of  the  duty  of  v!0  per  cent,  coilecred  on  the  "dressed  skins'"  returned  to  this  coentry 
from  the  London  market.  From  1~T:!  to  IS-^T,  inclusive,  this  return  has  been  I'JL'JT.'i 
skins. 

(:j)  The  Pribylov  group  consists  of  the  islands  of  St.  Paul  and  St.  George,  and  is  a 
Government  reservation  in  that  part  of  Beliring  Sea  ceded  to  the  United  St.ates  by 
Russia,  together  witli  and  a  part  of  Alaska.  So  exhaustive  an  ;icco".nt  of  these 
islands  and  their  seal  life  has  been  given  liy  Mr.  H.  \V.   Klliott.  sjtecial   agent  of 


n 


SEAL    FISHERIES    OF    BEHKING    SEA. 


Treiisury  Dopartim'ut  in  1-^74,  and  since  intiinatoly  connectod  with  Mie  Sinithsonian 
Institution,  wliicii  account  liax  Ix-cn  made  a  part  of  Tenth  Census  rei)ort.  tliat  it 
'.vould  hr  intrusive  lien;  to  attempt  to  sniiplement  aujj;lit,  and  tlierefore  only  j^eucr- 
alizations  hased  on  said  rejiort  and  sucli  statements  of  life  and  procedure  on  the 
islaiHls  to-day  are  presented  as  may  Im-  pertinent  in  this  connection. 

In  an  article  on  fur-seals,  which  appeared  in  Land  and  Water,  Jtily 
14,  1877,  Mr.  Jlenry  Lee  (Liigli.shnian),  F.  L.  S.,  sa.y.s: 

It  has  heen  stated  that  durinji  a  period  of  lifty  years  not  less  than  20,000  tons  of 
8ea-elei)liant's  (»il,  wortli  \uon^  than  £  1,()<I0.000,  was  annually  ohtained  from  New 
Geor<j;ia,  hesidcs  an  incalculable  numlxn-  of  fur-seal  skins,  of  which  we  have  no  sta- 
tistics. Some  iih'a  m.iv  he  ha<l  of  their  numbers  in  former  years  when  we  learn  that 
ou  the  island  of  Mas-a-Fuera,  on  the  coast  of  Chili  (an  island  not  25  miles  iu  circuni- 
ferenco),  Cai)taiii  P^inninj^,  of  the  American  ship  Ikhy,  obtained  in  17SH  a  full  crop 
of  choice  skins  antl  estimated  that  there  were  left  on  the  island  at  least  .^OO, 000  seals. 
Subsequently  there  were  taken  from  this  island  little  short  of  a  million  skins.  The 
seal  catehinfj  was  extensively  prosecuted  there  for  many  years,  the  sealing  lleet  ou 
the  coast  of  Chili  alone  then  numliering  thirty  vessels.  From  Desolation  Island,  also 
discovered  by  Cook,  and  the  South  Shetlands,  discovered  by  Weddell,  the  number  of 
skins  taken  was  at  least  as  great;  frc/ui  the  latter  alone  :{20,000  were  shipjied  during 
the  two  years  1^21  and  1822.  China  was  the  great  market  to  which  they  were  sent, 
and  there  the  prici!  for  each  skin  was  from  s4  to  isti,  As  sevcu'al  thousand  tons  of 
shipjiing,  chiefly  English  and  American,  were  at  tluit  time  employed  in  fur-seal 
catcliing,  tlie  prolits  of  the  early  traders  were  enonnous. 

Does  the  reader  ask  what  has  become  of  tliis  extensive  and  highly  remunerative 
southern  fur  trade?  It  has  been  all  but  annihilated  by  man's  grasping  greed,  reck- 
less irniirovidcMce,  and  wanton  cruelty.  Tlie  "woeful  want''  has  come  that  "woeful 
waste  "  nas  made.  Without  though.t  of  the  future  the  misgiiidod  hunters  persistently 
killed  cv'ery  seal  that  caine  within  their  reach.  Old  and  yotiug,  male  and  female, 
were  indiscrimiiuitely  slaughtered,  ip  eason  and  out  of  season,  rud  thousands  of  little 
pups  not  thought  worth  the  trouble  ol  knocking  them  on  the  head  were  left  to  die  of 
hunger  alongside  the  tlayed  and  gory  carcasses  of  their  mothers.  Every  coast  and 
island  known  to  be  the  haunt  of  the  seals  was  visite<l  by  ship  after  ship,  and  the 
massacre  left  unfinished  by  one  gang  was  continued  by  the  iscxt  comers  and  com- 
pleted by  otlieis  until,  in  conseciuenee  of  none  of  the  aninuils  l)eing  left  to  breed,  their 
number  j^radually  diminished,  so  that  they  were  almost  exteriniuated,  only  a  few 
stragglers  remaining  when;  millions  were  once  found.  In  some  places  where  formerly 
they  gathered  together  in  su<'h  densely  packed  crowds  upon  the  shore  that  a  boat's 
crew  could  not  tind  room  to  land  till  they  Inul  dispersed  them  for  a  space  with  oars 
and  boat-hooks,  not  one  fur-seal  was  to  l)e  found  ev(Mi  so  h>ng  ago  as  Irfli.'). 

JJr.  D.  U.  McLityre,  .superintendent  of  the  seal  isheries  of  Alaska 
for  the  lessees,  testitied  before  the  Congressional  coinniitte'  as  follows: 

Q.  \Vhat  |Udportion  of  the  seals  shot  in  the  water  are  reeovere  i  and  tlu^  skins 
taken  to  market  ? — A.  I  think  not  more  than  one-lifth  of  tllOS(^  shot  are  recovered. 
Many  are  badly  wouiuled  and  escape.  We  lind  every  year  embedded  in  blubber  of 
animals  killed  upon  the  islands  large  f|uautities  of  bullets,  shot,  and  buc'kshot.  Fast 
year  my  mt;n  brought  to  me  as  inuch  as  a  double  haiidful  of  lead  found  l)y  them  em- 
bediled  in  this  way. 

»  »  #  #  »  #  » 

(,».  I  want  to  ask  yi>u  whether  or  not  the  three-year-(dd  s«'als,  or  many  of  them, 
wliieh  should  have  returned  this  year  did  not  return  liecause  they  had  l)con  killed  .' — 
A.  That  seems  to  be  the  case.  The  ma..iuiliug  was  extensively  carried  on  iu  1.-''^") 
and  18dt),  and  in  previous  ycais,  and  of  course  the  i)ups  that  would  have  l)een  born 
from  cows  that  were  killed  in  iH-.'i,  or  that  ])erishi'd  through  the  lo.ss  (d'  their  mothers 
during  that  year,  would  ha\  e  come  uitoii  the  islands  in  IHrtH  and  we  should  have  had 
thai  additional  number  from  which  to  make  our  selection  this  year.  The  deliciciicy 
this  year  is  attributed  to  that  c.-iuse— to  the  fact  that  the  cow.s  were  killed.  And  I 
would  say  further  that  if  co\ss  are  killed  late  in  the  season,  mil  in  Auiinn:,  after  the 
pups  are  born,  the  hitter  are  i;  ft  ujioii  the  island  deprived  (d"  tl;e  mother's  care,  and 
of  course  i)eri«h.  'V\w.  effect  is  the  same  whether  tiie  cows  are  killed  before  or  after 
the  pups  are  dropped.     The  young  perish  in  either  case. 


(j>.  It  being  conceded  that  the  islands  are  tli(>ir  home,  and  no  one  being  interested 
other  than  tlie  American  and  Russian  Goveinments,  there  would  be  no  special  reason 
why  other  nations  would  object  ? — A.  Only  the  Governments  of  the  United  States  and 
England  are  interested  in  the  Alask;iii  seal  lisheries  to  any  great  extent.  The  tJnited 
States  is  interested  in  it  as  a  producer  of  raw  material,  and  England  as  a  mauufaci- 


SEAL    FISlIERIt:S    UF    liEHKINl.    SFA. 


2S 


iircv  of  fiirs.  If  tlicso  two  nations  wciv  a^rt'Od  tliiit  seal  life  .slmnlil  bf  jiroti-ctcd,  I 
rliink  tben;  would  l)c  no  tronbli'  in  fnll.v  i)roi('(.'iinj;  it.  It  i«  a  iiui'.stiim  of  «|niic  as 
ninch  interest  to  Kn^dand  as  to  tlie  I'nitcd  States,  for  siie  lias  a  lar;;e  nnuiliei  of 
•^killed  workmen  and  a  larj^c  anioimr  of  lapital  cnj^ayjed  in  this  industry. 

ri'ofessor  Elliott,  of  tlie  Smithsonian  Instlt.iitioii,  v,i!!>  lias  spent 
some  time  in  scientilically  cxaminino-  the  .seal  islands  and  xhv  h;;hits  of 
the  seal,  thus  describes  the  killino-  power  of  the  seal  hnnter  at  sea: 

His  i)nwer  to  destroy  tlieni  is  also  aii;;iiieuted  l.y  the  fact  that  those  seals  wliieh  are 
most  liable  to  meet  liis  eye  and  ::iiii  are  the  iennile  fnr-seais,  whieh,  heavy  with 
vonnn',  are  here  slowly  nearin^-  the  land,  soundly  sleepini^  at  sea  l>y  iiitervajs,  and 
ii'ji'.etanr  to  haul  out  from  the  eool  embraee  of  the  watrr  upon  tln-ir  Itreedin^  ^inuinds 
until  thai'  day,  and  hour  even,  arrivi-s  whieh  limits  the  jx-riod  of  tln-ir  ^fstation. 

The  iielajj;i(!  si'aler  en)i)loys  three  a>;tMHMes  with  which  to  secure  his  ^|uarry,  viz  : 
lie  sends  out  Indians  with  canoes  from  his  vesstd.  arniiMl  with  speais  :  he  uses  shot- 
jiiius  and  bncksliot,  rilles  and  balls,  and  last.  Iiut  most  deadly  and  destructive  of  all, 
he  can  spiead  the  "j;ill-nef'  in  t'avorable  weather. 

With  gill-nets  "nnderrnn"  by  a  tlect  of  .sealers  in  IJeliriiiy,-  Sea,  acros.s  these  eon- 
vern'ing  paths  of  the  fnr-s(%al,  anywhere  from  in  to  KM)  miles  southerly  from  the  I'riby- 
lov  y,ronp,  I  am  moderate  in  sayini^;  that  sueh  a  lleet  could  utterly  ruin  and  destroy 
riiose  fur-seal  rookeries  now  i)resent  upon  the  seal  ishunls  in  less  time  than  three  or 
four  short  years.  ICvery  foot  of  that  watery  loadway  .f  fnr-seal  rravid  above  indi- 
cated, if  these  men  were  not  (dieeked,  could  and  windd  be  ti:iversed  In  those  deadly 
nets;  and  a  seal  eominjx  from  or  noiny;  to  the  isl.inds  would  have,  nuder  the  water 
ami  above  it,  scarcely  one  (diance  iii  ten.  of  saf(dy  pi.ssiufi  sue  i  a  cordon. 

<  >ptM!  those  waters  of  Uehriii;,  .'-«ea^  to  unchecked  ))ela<.';ie  sealiufi.  then  a  llet>t  of  hun- 
dreds ol' ves.sels,  steamers,  ships,  schooners,  and  what  not,  would  iminediatelN  ven- 
ture into  them,  bent  npon  the  most;  vigorous  and  iudiserinunate  slaughter  of  these 
t'ur-seals:  a  few  seasons  of  greediest  lapiue,  then  nothing  would  lie  lett  of  those  won- 
derful and  valuable  interests  of  our  (iovernment  which  are  now  so  handsomely  en  - 
liodied  on  the  seal  islands;  but  which,  if  guarded  and  conserved  as  they  are  to-day, 
will  last  for  an  indelinitt!  time  to  cduie  as  objects  of  the  highest  commercial  good  ai  il 
\  alne  to  the  world,  and  a:i  subjects  for  the  most  fascinating  Iiiologieal  study. 

Shooting fnr-seals  in  the  open  waters  of  thesea  or  ocean  with  the  )ieculiar  shot  ami 
bullet  cartridges  used  involves  an  imine.ise  waste  of  seal  life.  Kvery  seal  that  is 
merely  wounded,  and  evciii  if  mortally  wounded  at  the  moment  of  shooting,  dives 
and  swims  away  instantly,  to  perish  at  some  point  lar  distant  and  to  be  ntiver  again 
seen  by  its  human  enemies;  it  is  ultimately  destroyed,  but  it  is  lost,  in  so  far  as  the 
hunters  are  concerned.  If  the  seal  is  shot  dead  instantly,  killed  instantly,  tiien  it 
'•an  be  nicked  up  in  most  every  ease:  but  not  one  seal  in  ten  lired  at  by  the  most 
skillful  marine  hunters  is  so  shot,  and  nearly  every  st-al  in  this  ten  will  have  been 
wounded,  many  of  them  fatally.  The  irregular  tnml)ling  of  the  water  .ironml  the 
■>eal  and  the  irregular  heaving  of  the  hunter's  boat,  both  acting  at  the  same  moiueut 
entirely  independent  of  each  <ither.  making  the  difliculfy  of  taking  accurate  aim  ex- 
ceedingly grt;at  and  the  result  of  clean  killing  very  slender. 

Mr.  (ieorge  H.  Tinjjle,  L'nited  States  Treasury  a^ent  in  charge  of  the 
fnrseal  islands  from  April.  1S85,  nntil  Angnst,  188(5,  testified  as  fol- 
io w.s: 

•.,>.  It  is  Mr.  Mclntyre's  oiiini(ni  that  they  have  not  only  not  increased,  but  have 
decreased.' — A.  There  has  been  a  slight  dimiuntion  of  seals,  probably. 

",•.  To  wnat  do  yon  attribute  that /—A.  I  think  there  have  been  more  seals  killed 
in  the  sea  than  ever  before  by  marauders.  I  estimated  that  they  secured  :'ii.()(»i  skins 
in  1~-T.  and  in  order  to  sdmre  that  number  of  skins  they  would  have  had  to  kill  half 
a  million  seals,  while  this  company  in  taking  10(t,oi)u  on  shore  destroyed  only  :>! 
seals.  Those  were  killed  by  accident.  Some  times  a  young  seal,  or  oue  not  intended 
to  be  killed,  ]iops  up  his  heatl  and  gets  a  blow  unintentionally. 

</.  The  Avaste  of  sefil  life  was  only  ">:!  in  1867  ,'— A,  Yes,  sir  :  in  .securing  100, OtH)  skins, 
while  these  marauders  ("Jd  not  kill  last  year  less  than  .jOO,tMHt.  The  logs  of  marauding 
schooners  have  fallen  into  my  hands,  and  they  liave  convinced  me  that  they  do  not 
secure  more  than  one  ami  out  of  every  ten  that  they  mortally  wound  and  kill,  forthc' 
reason  that  the  seals  siuk  verv  (luicklV  in  the  water.  Allowing  one  out  of  ten,  there 
would  be  :500,0no  that  thev  'would  kill  in  getting  :!0.0(>0  skins.  Two  hundred  thou- 
sand of  those  killed  would  be  females  having  -.'Od.OOn  pinis  on  shore.  Tho.se  ])ups 
would  ilie  by  reason  of  the  death  of  their  mothers,  which  added  lo  the:500,  tOO,  makes 
half  a  millilm  destroyed,  I  am  inclined  to  think,  because  the  seals  show  they  are 
not  increasing,  or  rather  that  they  are  at  a  staiul-still,  that  more-than  :i00,00o  are 
killed  bv  marauders. 

Q.  Vo'u  are  of  the  opinion,  then,  that  the  marauders  are  killing  more  seals  than  the 


24 


SEAL    FISHERIES    OF   BEHRING    SEA. 


Alaska  Coimiicrciiil  C()iiii)!iii.v  .'—A.  At  loasl  live  or  (six  tiine«  u.s  iiiuny  as  tlie  Alaska 
CoiniiKncial  {'omiiaiiy  arc  killiiif;. 

Q.  What  will  ]»'  ilic  ctVcct  ifiiiDn!  striiij^iMif  nioasiiroH  aro  not  taken  to  jirotect  the 
seals  Ity  the  Government  ? — A.  If  more  strinj^ent  measures  are  not  taken,  it  is  onlv  a 
(|Uesfi<')n  ol'tinie  when  tiiese seals  will  be  driven  nitiinaU^ly  to  seek  some  other  lionu- 
wli.'re  they  will  not  l>e  molested.  They  will  not  coiitinu(!  to  lie  harassed;  and,  if 
this  maramlinf;-  is  continued,  they  will,  in  my  oi)iniou,  either  be  jfradnaily  extermi- 
nated or  will  leave  the  islands  permanently  and  Ir.nd  at  some  other  i)lae.\  They  may 
^o  on  the  l^'ussiiin  side. 

Q.  Will  marauding-  increase  if  the(iovernment  doesnottakc  Rteps  to  prevent  it  .'— 
A.    1  think  so. 

(.).  I.s  it  praetieable  to  prevent  it  !—A.  Yes,  sir.  If  w((  did  not  allow  these  eheeky, 
])ersisteut,  insolent,  liritisli  Columbia  seamen  to  yo  there  and  defy  Hie  I'nited  States 
and  its  authorities,  it  would  very  soon  be  stopped.  When  our  revenue  cutters  seize 
the  Jlrirish  schooners,  tlu'  cajitains  are  very  insolent  and  detnint,  and  claim  that  they 
have  a  stronj;  uovernmfiit  at  their  backs.  lam  now  referring  jiarticnlarly  to  ('ai>- 
taid  Warner,  Of  the  Dolpltiu.  He  ,sanl  in  18H7.  when  cajitured,  "We  have  ;iot  a 
stron<>  {.roveniment  at  our  backs,  and  we  will  (iiilit  you  on  this  (|nestiou."  '-Ver.v 
well,"  says  Captai.i  Sliei'hcrd,  "I  have  got  a  strong' jiovernment  at  my  back,  and  lam 
yoiiif;'  to  do  iu\  duty.  My  j;overnment  sends  me  to  protect  these  sejil  rookeries.  ]  am 
charged  by  This  administration  to  enforce  the  bnv,  and  I  will  seize  all  inarantlers." 

<ji.  \m\  were  s]ieakii)<;'  a  while  aj;o  in  regard  to  tlie  .'unount  of  seal  lifodestroyed  by 
niaranders,  and  that  a  eaiitain  bad  jiiven  the  number  of  seals  destroyed.  Have  yon 
seen  any  of  the  loy,  books  of  those  vessids  .'' — A.   ^'es,  sir. 

Q.  Will  you  state  what  yon  remember  with  re.i-ard  to  the  nnmber  of  seals  lost  or 
captured  l»y  those  vessels  .' — A.  1  remember  readin.i;'  the  loj>-book  of  the  Amid  Dullii. 
which  I  captured.  There  was  an  entry  in  that  btg-book  tliat  read  as  follows:  '-Is- 
sued to-day  to  my  boats,  three  linndred  rounds  of  ammunition.  At  night  they  came 
iu  with  the  ammunition  all  ex])emled,  and  one  sealskin." 

Q.  They  had  shot  three  hundred  rounds  of  ammunition  1 — A.  Yes,  sir.  Another 
entry  1  saw  was:  "Seven  seals  shot  from  the  deck,  but  only  secured  one.''  All  lost 
biiT  one.  Another  entry;  "  It  is  \ery  discouraging  to  issue;  a  large  ijuantity  of  ani- 
munitiou  to  y(mr  boats,  and  have  so  few  seals  returned.  '  An  entry  was  madi'  in  an- 
other jilace,  wlu're  he  gave  it  as  his  opinion  that  he  did  not  secure  one  seal-skin  out 
of  every  lifty  seals  wounded  and  killed. 

Q.  Have  yon  seen  seal-skins  upon  the  island  that  had  been  shot? — A.  Very  often. 
\Ve  gather  liandfuls  of  sliot  every  season. 

Q. Does  that  injure  the  market  value  of  the  skins? — A.  Uiidonbted'y.  Any  hole 
is  an  injury  to  tin;  skin. 

J-^stract  from  Mr.  Tingle's  report  to  the  Treasury  Department. 

I  am  now  conviiired  from  what  I  gather,  in  (|uesliouiug  the  men  belonging  to  capt- 
ured schooners  and  from  reading  tlie  logs  of  the  vessels,  tliat  not  more  than  one  seal 
in  ten  killed  and  mortally  wounded  is  landed  on  the  Ijoats  ami  .'ikinned;  thus  you 
will  se('  the  wanton  destruction  of  seal  life  without  any  iteneftt  whatever.  I  think 
:?0,il()()  skins  taken  this  year  by  the  marauders  is  a  low  estiinatf;  on  this  basis;  ;100,000 
fur-seals  were  kille(i  to  secure  tliat  number,  or  three  times  as  many  as  the  Alaska 
t'ommercial  Coiiipany  are  allowed  by  law  to  kill.  You  can  readilysee  that  this  great 
slaughter  of  seals  will,  in  a  few  years,  make  it  imiiossible  for  l(J(t,000  skins  to  be  taken 
on  tlie  islands  liy  the  lessees.  I  earnestly  hope  more  vigorous  nufasures  will  bo  adoiited 
by  the  Government  in  dealing  with  these  destructive  law-breakers. 

AVilliam  (ravitt,  an  agent  of  tlie  United  States  Treasury,  gave  tliis 
testimony. 

Q.  I  understand  you  ^t  say— for  instance,  taking  IHfS?  or  18HS— that  the  ]i)(),00n 
seals  taken  ujion  the  islands,  and  tlie  40,(100  taken  and  killed  in  the  water,  if  no  greater 
amouiii  was  taken,  that  there  would  be  no  pereei>tible  diminution  in  the  number  of 
seal :  that  by  the  natural  increase  the  c(Mupaiiy  might  take  40,00(1  more  than  now,  if 
it  were  not  I'or  the  de])redations  .' — A.  I  had  in  niiml  an  average  between  '25,000  killed 
iu  IS^H  and  abou^  40,000  in  18-^7. 

Q.  What  I  want  to  know  is  this:  Is  it  your  o})inion  that  the  number  taken  in  the 
sea,  when  they  are  on  the  way  from  the  islands  to  the  feeding  grounds,  have  a  teud- 
eiicy  to  <lemoralize  the  seal  and  to  break  u]>  their  habits,  their  conlidence,  etc.  .' — A. 
It  would  In;  likely  to  do  it.  They  are  very  easily  frightened,  and  (he  discharge  of 
lire-arms  has  a  tendency  to  frighten  them  away. 

By  Mr.  MAfDoxALD: 

<,».  \o  se.ils  are  killed  by  the  company  iu  this  way  ?— A.  No,  sir;  they  are  all  killed 

on  (he  islands  with  <  Inbs. 


g^^^mgg^ 


warn 


SEAL    FISHERIES    OF    BEHUING    SEA. 


25 


Jacob  11.  ^Moultoii,  an  ajieiit  of  the  (i()\onmient,  testitit'd: 

Q.  Do  yoii  tliiiik  it  osstMitiijl  to  the  pit'servatioii  of  soul  life  to  itiotcct  ilio  soal  in 
the  waters  of  Alaska,  nml  the  Pacitic  .' — \.  Tlii-re  is  no  doubt  ahont  it. 

Q.  Tho  herd  foiilil  lie  ('xti-nuiiiatt'd  without  takiiij;  them  mion  the  ishuids  .'— A 
They  could  be  exteriuiiiated  by  a  ■<ysrem  of  iiiaraiidiii;?  in  the  Bciirini;  Sea,  but  i 
ihiok  the  nnnibiT  killed  alonu'  the  lirilisli  Colnnibia  coast  rlid  not  atieet  the  niiiiiber 
we  were  killinj;  on  the  islands  at  tliat  time,  ItiM'aiise  Ilieie  wan  a|i|iareiitiy  an  iiiei'ease 
(Inrinjj;  these  years.  There  iiad  been  lor  live  or  six  years  n)i  to  th.at  time.  Since  that 
lime  in  IJohriui;  Sea  the  seal  Innc^  been  iri'adiially  <lcereasin;;-. 

().  Yon  think  their  decrease  is  attribntabir  lo  nnhiwfnl  Imntinii  in  Bohring  Sen? — 
A.  There  is  no  doubt  of  that. 

Q.  As  a  result  of  your  oliservatimi  there,  could  you  snj:;!iest  any  better  methcil  of 
ju'eservinir  seal  life  in  Heluinir  Sea  than  that  now  adopted  .'—A.  Not  unless  tliey  fiir- 
iiishefl  more  revenue  vessels  and  men-of-war. 

Q.  So  as  to  ])alr()l  the  sea  (■h)sely .'— A.  I  think  so.  I  do  not  think  the  seals  scatter 
much  through  any  jiveat  dislanoe  durinu  the  summer  season,  allliouuii  very  late  in 
the  snunuer  the  smaller  S'mIs  ari'ivc.  The  temales,  after  nixini;-  birth  lo  their youn;;-. 
scatrt'ront  in  Helirint;  Sea  for  food.  We  know  they  leave  the  i.siands  lo  jio  into  the 
water,  because  they  arc  comi'iu'  and  <4(iinu'.  'J'hey  suckh'  their  yonnu;  the  same  a> 
most  aniuuils. 

(}.  Lawless  hunters  kill  e\  erythin;.;'  they  liud,  I  believe,  femaies  or  not  .'—A.  Yes. 
sir. 

Q.  When  ii  female  is  nnrsinji'  her  younu  and  ^'oes  out  for  food  and  is  killed  (M' 
wounded,  that  results  also  in  llie  dealii  of  her  yonu^  .' — A.  Yes,  sir.  As  hei  younu' 
does  not  ji'o  into  the  water,  it  docs  not  do  anythin<:;  for  some  time,  and  <au  not  swim 
and  has  to  be  taneht, 

i,>.  'J'he  seals  are  born  uiion  tlm-ic  i>.laniis  .' — A.  Y(>s,  sir;  they  come  tlicre  for  tiiat 
)pariiose.  They  I'ome  there  expressly  lo  breed,  because  if  they  drop])C(l  tliciryoune 
in  the  water  the  |)up  would  drow  n. 

(j>.  ]>o  you  think  the  value  of  ii)e  seals  jnstilies  the  p(dioy  that  the  (Jovernmcnt 
]iiirsues  for  their  jjreservation  and  ])rotection  .' — A.  Yes,  sir:  I  (h). 

(ji.  And  iindi'r  a  ri,ei<lly  cuforc<'d  systi'in  jirotectinu  seal  life  in  tiie  waters  of  these 
seas,  do  you  think  the  herd  could  be  niaieriaily  increased? — A.  I  think  it  would.  I 
think  thci'e  is  no  doubt  but  what  it  would. 

Edward  Sliiehls,  of  Vancouver  Island,  a  sailor  on  board  tlie  IJritisL 
scliooner  Caroline,  eu^i\<^iH\  in  seal  liiintinK  i"  lUdirinj;'  ^Sea  in  l.S8(>,  tes- 
tified, after  tlie  vessel  was  sei/ce<l,  tluit  the  Osti  seals  taken  during'  the 
whole  time  they  were  cruisino-  In  the  open  sea  were  chietly  fenialea. 

]Mr.  U.  A.  Glidden,  Treasury  affcnt,  recalled,  testified  as  follows: 

Q.  From  the  number  of  skins  taken  you  I'stiinated  the  number  killed  .' — A.  That 
season  I  know  there,  were  thirty-live  vessels  in  tire  sea,  and  we  cai)tured  fifteen  ves- 
s(ds.  Tli(^  catches  of  the  vessels  were  luiblishc'  in  the  papers  when  they  arrived 
home  and  averae,('d  from  l.nOO  to  'J,,')!!!!  skins  each. 

<i>.  You  estimate,  then,  that  duriii;^  the  season  40,00(1  skins  were  taken  '  In  killing 
I  hem  in  the  open  sea  they  do  not  rcMover  every  seal  they  kill  .' — A.  No,  sir  :  I  do  not 
think  they  do.  In  fact.  I  know  they  do  not,  jud^inn-  from  the  auioui'*  of  shot  and 
lead  taken  from  the  seals  that  .ire  atteiwai'ds  killed  on  St.  I'aul  lud  St.  Crcor.iie  Islaud.s. 

Q.  So  that  the  destrrction  of  the  seals  in  the  open  sea  would  be  much  in  excess  of 
the  nunilxM-  taken,  jirobabiy  ? — A.  I  have  no  very  accurate  information  on  whitdi  to 
base  ill!  ojiinion,  but  1  should  judj;e  that  they  lost  from  40  to  (iO  ]>er  cent,  of  them.  I 
saw  a  uood  many  sln-t  from  the  boats  a*  I  was  aj)p''()achin<!;.  and  think  they  lost  two 
or  three  out  of  live  or  six  tluit  I  saw  (hem  shoot  at. 

<i>.  From  youi-  observations  have  yon  any  r<'commcndatious  or  suj-iicstions  to  offer, 
the  ado]>tion  of  which  would  lead  '^o  the  better  iireservatiiui  of  seal  life  in  these  waters 
than  is  now  providcMl  by  la\\'  .' — A.  There  is  a  dilferenee  of  opinion  as  lo  the  eoustrnc- 
tion  of  the  law.  I  liiuily  believe  that  the  <;o\ernment  should  <'ilher  ]>rolect  the  islands 
and  water  in  the  eastern  half  cf  litdirine  Sea  nr  throw  up  tlieir  interest  there.  If  the 
Behriny  Sea  is  to  be  re,narded  as  oiien  for  vessels  to  <^o  in  and  capture  seals  in  the 
water,  thev  would  be  exterminaterl  in  a  short  time. 


il 


2G  SEAL   FISHERIES    OF    HEIIKING    SEA. 

No.  12. 
Sh'  Julian  rauncrfotc  to  Mr.  Blaine. 

[Extrart.] 

liRiTisH  Legation, 
Washington,  J).  C,  March  '.),  18n(». 

Dear  Mr.  Blaine:  I  have  the  pleasure  to  send  you  herewitli  tlie 
iiuMiiDnuulnm  pii-pared  by  Mr.  Tiii)])er  on  the  seal  lishery  question,  to 
whieli  he  has  ai)i)ontle(l  a  note  by  ^Ir.  ]Ja\vson,  an  eminent  Canadian 
oflicial. 

Believe  me,  etc., 

Julian  Pauncefote. 


[Inclosure  1.] 
SYNOPSIS  or  KKPLV  KJ  MR.  lil.AIXK's  I.KTTEIl   TO    SIU  JLT.IAN  FAUNCKFOTE,  OF  MAliCII 

1,  iJ-itO. 

rape. 

Mr.  Blaine's  reference  to  indiscriniiuate  slauj^liter — note  in  point "JD 

Kxtraordiuary  productiveness  of  seals 2i> 

K'ooki'rics  in  South  Facific  witlilieltl  extensive  raids  for  years 2U 

None  of  I'acific  lislieries  ever  eipialed  those  of  the  Prihylov  <>roup "JO 

History  of  .South  Shetland  Islands,  and  wholesale  destruction  thereon 29 

licKtrnction  at  Miis-a-Fnera 29 

('haiiel  of  ()i»iiiioii  that  l(i(),(iOU  a  year  could  have  been  taken  from  the  Shetlands 

under  proj)er  restrictions 2!) 

Pups  in  thousands  tound  dead  on  beaches 2i) 

Incorrect  statenu'Ut  in  re)>ort  of  the  House  of  Representatives  as  to  rookeries 

of  the  world 30 

Russian  inenioiandnni  of  July  2'),  ISSH,  enuineratinjr  rcjokeries 'M 

Cape  of  (food  Hope  rookeries,  and  the  protection  of  same 30 

Destruction  on  these  mokeries  formerly — pla<;ue — revival  of  rookeries  under 
reirulations. 
Seals  shot— statement  that  I  only  in  7  is  shot — contradicted  by  Canadian  hunt- 
ers           ;"" 

Jlr.  Elliott  on  uuerring  aim  of  Indian  hunters .v^' 

Practice  of  hunters 3Q 

Statement  of  facts  prior  to  and  at  time  lease  of  islands  to  Alaska  Commercial 

Con  pauy  (18Tti) — lessees  permitted  to  take  100,000  a  year 30 

Slaujihter  under  Ixussian  rule 30 

Tabl(!  showiiiji?  catch  ISlT-'tU) 31 

Undiminished  condition  of  islands,  1808,  though  (>, 000,000  taken  1841-70 31 

50.000  seals  killed  on  the  island  of  St.  George  in  18(i8 31 

150,000  killed  on  the  island  of  St.  Paul  during  the  same  year 32 

General  onslaught— 300,000  killed  in  1800 32 

Not  withstanding  the  al)ove  destrnction,  100,(100  a  year  might,  Mr.  Bontwell 

stated,  lie  killed  with  jjrotection  in  and  around  the  islands 32 

Mr.  Dall  of  same  oiunion  in  1^70  ^1(H),()(J0  a  year  may  safely  be  killed) 3'^ 

Tenure  of  Icasealluwed  100,000  ayear— an,\  male  sc'al  of  one  year  or  over- -natives 

to  kill  ])U))s  for  food 32 

Oi)ini(in  olConniiittee  of  House  of  Representatives  that  seals  require  protection 
during  migration,  ;ind  i'or  50  miles  southeast  of  rookeries  whilst  searching  for 

food,  whif'h  ditfei's  from  Mr.  Blaine's  proposition 32 

Mr.  Gliddcn's  testimony — merely  his  opinions,  not  based  on  practical  knowledge        32 

Mr.  Taylor's  testimony 32 

On  islands  in  1881 — as  to  seals'  intelligence  an<l  Ju)nrs  for  feeding. 

No  bulls  remain  on  islands  all  snnuner — writers  and  agents  contradict  this 32 

Mr.  Taylor  admits  that  killing  occurs  inshore,  where  the  sea  is  black  with  seals.         33 
This  witness,  while  stating  that  young  pups  are  lost,  does  not  instance, 
finding  dead  imps  on  the  islands — his  admission  that  seals  have  not 
diminished. 

Chief  damage  due  to  iusntlicient  protection  of  islands 33 

Mr.  Williams's  testimony 33 

No  ))er8onal  knowledge  as  to  the  se.-il — refers  to  want  of  protection  on 
islands  and  danger  of  seals  being  taken  when  passing  Aleutian  Islands — 
increased  depredations  npon  the  rookeries  for  last  three  or  four  years. 


SEAL    FISHERIES    OF    liEIIUIN' 


EA. 


27 


1';>C0. 

•^9 
•J9 
29 

•29 

29 

29 

30 

:iO 
:30 


:5(> 
:iO 
:u 
:]1 
;{l 
:J2 
32 

:\2 
:52 

32 


32 
32 
32 

32 
33 


33 
33 


Mr.  Mcliitvrp,  (iovcrnintiit  ajionr,  al'rtrwanls  a  suiiinintciKli'iit  of  tlio  (•tiiiii)aii,v. 
Tliinkfs  oiic-tit'tli  only  otnoals  sliot  are  iMieovcrtMl — t'dniiil  scalis  witli  sliot  — 
attrilmtes  (l(>tici(Micy  of  seals  in  IS^.S  to  the  fact  that  rows  were  killed — at- 
tempts to  rediieo  estimate,  as  to  mimher,  of  Elliott  and  Dall  by  one-iialf— 
larj-'e  de,ereaso  in  1887,  ISSi — decrease  siiiee  lSrt2.  espeeially  Hiuce  1H,"<|  — 
considerable  i)ereentaij;e  of  killed  made  up  cf  nriles— ■lO,(Mi(r.skins  in  H-Ci 
and  18f^7  taken  in  IJehrin^'  Sea — this  niei<  \\  a  surmise — 80  or  '.hi  ])cr  cent, 
of  </atch  females — positive  testimony  of  this  witness  on  matters  of  opin- 
ion or  hearsay — his  statemtiHt  that  islands  unuKdi'sted  from  IHTd  to  l^-ii'i 
incorrect,  us  well  as  statement  as  to  doereaso  from  lB*2  and  H8I. 

Mr.  Elliott's  testimony 

Kei)ort  rof^ardin;;  him  hy  Mr.  Morris  in  l~T:t — Mr.  Elliott's  evidence  before 
Congressional  committee  f^oes  further  than  hts  |>revious  writiiiju-s — his 
statement  reijardin;^  loss  of  wounded  seals  contradicte<l. 

Mr.  Tinj^le's  testimony 

On  islands  188."i  to  l-'':^!) — slight  diminution  probably — calculati(m  of  catcdi 
from  entry  in  loir  of  Jiiijcl  Ihllji — extraordinary  lo;^  and  extraordinary 
crew  of  An(jfl  DolUj — Mr.  Tinjile  contradicts  Mr.  Mclntyrt — in<Tc;is(! 
since  Mr.  Eliott's  count,  187(1,  "i,!:!?.!!!)!)— criticism  of  Mr.  Elliott's  state- 
ment )-fldecrease,  and  points  out  that  Mr.  Elliott  was  not  on  the  islands 
for  fourteen  years. 

Mr.  \Y.  Gavitt's  testimony 

On  St.  Georjre  Island,  IK-^T,  lH8r<— bad  character  of  employes  of  company — 
no  means  of  aj^ents  knowinj^  of  unlawful  killing — no  ay,ent  can  say  when 
seals  are  captured  off  the  islands — lessiu's  buy  seals  killed  at  Ooiialaska — 
agenta  drawinj;-  two  salaries,  one  from  (ioverunieni  and  one  from  the 
company. 

Mr.  MonKon's  testimony,  1877, 168.') 

Increase  in  number  of  seals  to  1882  — decrease  to  1885 — opinion  and  evidence 
as  to  catch  of  mothers. 
Edward  Shields,  sailor,  as  to  catch  of  ti8(l  seals,  chielly  females — I'ustom  (d  hunt- 
ers to  class  all  s-kins  of  seals  under  those  of  nmture  seals  as  females 

Mr.  Glidden,  recalled,  based  his  estinuite  of  10, 000  catch  from  newspapers 

Inexperience  of  witnesses 

No  cross-examination  of  witnesses 

The  opinions  of  witnesses 

Their  oj)inions  are  substantially  that  feuuilesuursinj^jro  out  for  food — wIkmi 
away  from  islands  are  shot — j^reater  p.irt  of  catch  in  IJijhring  Sea  made  up 
of  females— many  of  the  seals  shot  are  lost. 
Issue  joined  on  these  by  Canadian  (Jovernment.    Seals  can  be  ](rotected  and  in- 
creased iu  number  by  (1)  projx^r  patrol  of  Islands,  (2)  killiusj;  of  juips  i)rohili- 
itcd,  (3)  reduction  of  pups  to  be  killed  on  Lslands,  (l)  limit  of  inonth.s  for  kill- 
ing, (;"))  prevention  of  killing' by  .Aleuts  at  the  Aleuti.'in  Islands 

Dilference  between  TIons(>  of  Representatives  commitlee  and  Mr.  Hlaiue  as  to 

•when  injury  began  to  islands — 18.~()  or  1885 

Important  to  show  how  insigniticaut  catch  of  Canadian  sealers  compared  with 

dciiredations  sncccssfully  survived  by  islands 

Depredations  on  islands  and  catch  outside  islands,  l"^7o 

1872 

1874 

1875 

187ti 

1877 

lp«78 

1879 

18-^0 

1H81 

18^2 

1>83 

1884 

1885 

188(5 

None  of  the  depredations  were  committed  hy  Canadian  sealers 

Mr.  Blaine  refers  to  increase  and  protitable  ]>ursnit  of  industry  down  to  1886. . 

Present  wine  and  condition  cd"  islands  better  than  ever 

Coniparat . se  oti'ers  for  lease  of  islands  1870-1890 

Enormous  rental  and  profits  received  by  the  United  States  from  the  islands.. . 

Receipts  and   expenses--§9,525,283  received  by  the   United  States  in  excess  of 

purchase  price  of  Alaska 


Va2(<. 
31 


;;i,35 


35, 3(1 


'.d,  37 


37 


37 
37 

37 
37 


33 

38 
38 
38 
38 
38 
38 
38 
38 
38 
38 
39 
•^9 
39 
39 
39 
39 
40 
40 
40 
40 
40 

40 


2.S 


SEAL    FIS1IKK1J:8    of    IJKIIKmG    SEA. 


Mm  vcloiiH  incicaso  ot'HCfiils  in  H])ito  of  doprodatioiis  rofunod  to 4n 

1h;!»,  l,T'Jr-,0(M);  187  1,  4,T(MI.()0(i:  IHSl,  iiicrriiNin^f ;  L-iHr),  m,  cliaiijjo,  coiiiitlt'.s.s 
(umilnTs  ;  1SH7,  still  mi  tli(^  iiicrcami ;  IHH"*,  no  (iliaii^f. 
^Vitll  total  (if  1,7(1(1,(100  in  1-71,  Liciiti'iiaiit  Mayiiarcl  of  ojiinion  ir^,()U()  yoiitiK 

iiiiilc  seals  can  lie  sal'i'ly  killfd  aiumally 41 

lictiit'iii'i'  til  Maynanl's  and  Jiryaiit's  report  as  to  lial»itH  of  seals  siq  ports  Caiia- 

di;ni  loiitenliou 41 

C'an;idian  ( io\  ernnicnt  loiitends  few  females  in  calf  over  taken  in  sea 41 

More  l( males  in  a  lierd  tlian  males 41 

Canadian  contention  siipjiorted  iiy  following;  facts:  (1)  Seals  on  ro(dceries  still 
inereasinj;  :  i'-i)  old  Imlls  ;;o  into  water  at  end  of  ritttinj;' season  and  do  not 
reinrn  to  islands — dlark  on  males  drivinj;  otliers  oil';  (;!)  two-tliirds  of  males 
not  ]>eriiutted  to  land  at  roolferies— occasional  visits  to  land— yearliny,s  arrive 
middle  .Inly — in  >n -breed  injf  male  seals  e(|nal  breed  in;;  s(«als  (l,r)()O,()0O) — liacli- 

eiors  not  lonu  on  slioie — fcnniles  do  not  I'cimI  nntil  yonn;;  no  info  water 41,42 

P)Ullc  ot'seals  cDiilincd  to  island  until  ice  snironnds  islands 4'J 

\c\er  ont  nntil  dciiaitiire  (see  Mr.  Mclntyrii's  rejiort,  p.  48) 4'J 

I  In  lis  prevent  mothers  taking  to  water 4'J 

l.'onkeries  fnll  to  Jnly  'J.'),  .-nnl  it'maiii  in  linuts 4"^ 

Ao  seals  si(dc  or  <lyinj>'  on  islands 41! 

Canadian  contention  snjipoited  l)y  report  on  Int<'rnati<)n;il  Fishi'ries  ICxliibi- 

tion  (London,  1881!)— natnrc  lias  imposed  a  limit  to  tindi- destrnctinn 43 

Mr.  Elliott,  in  1^74,  ajjrees  with  the  above  contention — the  (Mpiililjrinm  of  life 

rey;nlated 43 

Seals  <;et  their  lisli  in  North  Pa ("i tic 43 

Mr.  McLi tyre's  report  as  to  habits  of  seals,  H(i'.). 43 

Seals  take  no  food  nntil  their  d"partnre  from  islands  in  Novend)er 44 

The  duty  of  (iovei'iiment  to  patrol  islands— Mr.  Tingle  in  H^^d  asks  for  cotters 
to  patrol  islands — .Mr.  Mornan  reconuuends  lannchi's — Mr.  Wardman  alludes 

to  imidennacy  ot'  jirotcction  to  islands     ... 44 

Ml'.  \\  illiaiiis  |ioiiits  out  insnllicieucy  of  jnotection  to  islands 44 

Mr.  Taylor  says,  in  1881,  the  diHicultx-  arises  from  the  want  of  better  protec- 
tion— Mr.  Glidden  a^rec^s 44,  4." 

Mr.  Houtwell,  Secretary  of  the  Treasury,  in   1870,  conceived  the  duty  of  the 

Government  was  to  elliciently  jjiiard  "  in  and  around  the  islands" 4'),  4(1 

The  interests  on  1>ehalf  of  a  niono]ioly  cause  divori;'ent  views  respecting  the 

lU'otectiiui  of  seals 4(1 

Mr.  hryant  shows  the  value  of  the  lea.se  in  conferring  a  monopoly — Mr.  Moore 

ill  list  ra  res  this 4(i 

Wlicn  the  com])any  took  less  than  10(1,000  seals  it  did  .so  because  the  market  <lid 

not  demand  them 4(i 

]\lr.  McIiiTyre  shows  that  800,000  were  once  thrown  into  the  sea  as  worthless, 

when  the  umrket  was  chitted 47 

Killer- whales  and  sharks  the  enemica  of  seals 47 

Man's  assaults  at  se.i  small  in  comparison  to  the  natural  enemies  of  the  seal...         47 

Cauadi.'in  system  of  hunting 47,  4" 

Mr.  I'Jlioti  sliowsthat  if  temporary  diminution  does  occur  on  the  islands  of  St, 
Paul  and  St.  George,  the  missing  seals  are  ]»robal)ly  on  the  Russian  islands..         48 


[luclosurc  2. 


Mr.  Tiippcf  to  Sir  JitHait  I'miiicefole. 

Thk  AKr.iN(iT()\, 

If'anliiiitjtoii,  March  8,  1800. 

Dear  Sir  Jumax  :  I  have  the  honor  to  inclose  herewith  ;i  iimmorandum  lu'epared 
by  me  in  reply  to  the  memoranduin  sent  to  yon  by  Mr.  Hlaine.  and  which  you  handed 
to  me  upon  the  3d  instant. 

I  send  you  a  copy  lor  yoiir.self,  one  for  Mr.  Blaine,  and  one  for  ]\I.  de  Struve,  the 
Kussian  ambassatlor. 

1  also  have  the  honor  to  forward  herewith  a  valuable  paper  upon  the  subject,  pre- 
pared hurriedly  by  the  assistant  director  of  the  geological  survey  of  Canada,  George 
Dawsc  ...  I'j.  S.,  F,  G.  S.,  F.  U.  S.  C,  F.  K.  M.  S. 

I  may  add  that  Dr.  Dawson  was  in  charge  of  the  Yukon  expedition  in  1887. 

Copies  of  his  paper  are  also  inclosed  for  Mr.  Blaine  and  M.  de  Struvd. 
1  am,  etc.. 

CHAKLKS  11.    TL'PrKH. 


SEAL    FI.SIIEIIIKS    (»F    UKHIilNU    SEA. 


'2d 


40 


-Jl 


41 
41 
41 


4S 
48 
48 
43 

43 

43 
43 
43 
44 


44 
44 

44,  4.-) 

45,  4(i 
4fi 

4(i 
46 

4f 

4t 
47 

47,  4-< 

48 


[Iiu:Uwtiic  :i.  1 

MEMOJIAXOU.M   ON    MK.   lU-AlXlC'S   LlCTTKIl  TO    SIU  .JCIJAN    I'A  I'XCKFO  IK    DATKI) 

MAUCII   1.   18!Mt. 

Ill  till' iiupciKlix  to  >n',  Hliiiiif's  it'ttfrof  Mmii'Ii  1,  on  llif  .lil  ptii:;!'.  i.s  an  i'xtr:ict  iVoni 
a  rt'iiort  to  the  Honsn  ol' Kc|irf«i'ntiiiivcM,  as  lolluwis: 

•'  In  f'oiiiier  yt-ars  t'lir-Hcals  wt-rc  t'onnd  in  ;j;ri'at  nuinbiTs  nii  various  islanilM  of  tlu' 
South  I'acilii:  <  iijoan,  luit  aCtiT  a  (■onij)arativnly  short  pciiod  of  indisciiniinate  slaiii^ii- 
ttjr  tilt!  lookericH  were  dcscrtcil,  tlit;  aniinal.s  havin<^  Ixa-n  kilh'il  or  tlrivcn  from  their 
hauiitH.'' 

While  it  is  ailiiiittt'd  that  indi.scriniinatf  siaiifihters  upon  iIm-  lookcri »,',>*  ,uh  nioHt 
iujnrions  to  the  maintenance  ol'  seal  life,  ii  is  denied  that  in  the  uinlory  of  the  fni' 
seal  industry  any  instimee  can  lie  found  \vhen.>  a  rookerN  has  eser  been  destroyed, 
dejdeled,  or  I'Veii  injni'ed  liy  the  killing  of  seals  a '  --eiionly. 

Mr.  lOlliott,  who  is  quoted  by  Mr.  lUaiue,  adiiiiiM  t hat  tlu'  rookeries  iu  the  .S(Mitli 
Pai.ilie  withstood  attacks  of  tho  most  exItMisivi;  and  ilestriK'livt.'  ch.iraeter  lor  twenty 
years.  wIhmi  youn;;'  and  old  males  and  females  were  indiserimiuately  knocked  on  tho 
head  upon  their  brcedinj;-  jrrouuds;  and  Mr.  Clark  (II.  U.  Kej  ort  ;Wh;{.  otitli  T'ouj;., 
•id  sess.,  p.  HI)  tells  us  that  in  b'-JO  thirty  vessels  on  tin-  islands  ( South  Shetlands) 
took  iu  a  few  w('cUh 'Joll.doo  skins,  while  iliousaiids  weic  killedand  lost.  In  b-'-Jl  and 
Ir-J'J  :'>'i(»,(1<lO  skins  wenMaken  and  ir>0,Oii(i  \oiini;  seals  destroyed.  Nmie  of  tiie.so 
islanils,  h()we\i;r,  weri^  ever  fre(inented  l>y  the  millions  which  have  lieeu  ibnnd  oil 
the  I'riliylov  j;i(Uip  for  over  twenty  years. 

'•These  islands  eonstitnte  the  most  valuable  rookery  or  lireedin;;  place  ol'  these 
animals  ever  known  to  man.  (II.  K.  Keport  3^03,  oOih  (Joii^;..  pp.111,  11.'.  Hon.  C. 
A.  Williams's  written  statement.)" 

I'rofeasor  lOUiott  (in  his  evid'Mice,  p.  ll'-J)  mentions  one  jierson  wiio,  when  with  iiim 
at  the  islands,  estimated  the  number  at  Iti.OiMi.ooii. 

The  re[iortof  the  (Jon;;ressional  ei)nimitt(,'e  on  the  Alaska  seal  Ksberies  states  that 
indiscriminate  slaughter  iu  the  early  [lart  of  the  niueteenth  century  cau.sed  a  deser- 
tion of  the  rookeries,  and  it  e;()es  on  to  say  that  iu  l"^vin  and  ld".'l  lidOjOUU  wt^ie  taken 
iu  an  indiscriminate  fashion  at  tue  South  Sbetlauds,  and,  at  the  end  of  the  second 
year,  the  species  had  there  bei^n  ahnost  exterminated. 

The  Hon.  C.  A.  Williams,  whose  evidence  is  ciled  ami  relied  upon  by  Mr.  lilaiue, 
supports  this  view  (see  p.  Ill,  11.  K.  Keptu't  Xo.  3.-^H;!,  .Miili  Cony;,  i :  but,  as  a  matter 
of  fact,  while  seals  are  admittedly  not  so  plentiful  iu  South  Slietlands  as  heretofore, 
owini;  to  wholesale  destruction  on  the  breeding  grounds,  so  i)rolili('  are  they  that,  in 
167"J,  S,0(M)  skins  of ''the  choicest  and  richest  ipiaiity  were  obtaim-d  from  these  islands. 
In  the  next  .season  l.'),()()(}  skins  were  taken  tliere,  and  in  1"<74  Kt.oiii)  .skins,  and  from 
l"iT(J  to  18.";Uthe  sealinn  fleet.  brouj>lit  home  il'J.7r)b  fur-seal  skins  from  the  South  Sliet- 
lands and  th(^  vicinity  of  Cape  Horn  ami  Terre  del  Fue;;o."'  ( .\.  Howard  Clark,  p. 
W-2,  Commission  of  Fisheries,  Fishery  Industries  United  States,  see.  .'>,  vol.  ii,  IfiriT.) 
In  tliis  ref^ard.  it  may  here  be  noted  that  this  extract  refers  only  ro  tlm  catch  of  sealers 
wiiich  lifted  out  at  N'ew  London,  Conn.,  and  does  not  emluace  the  operations  of  seal- 
ers from  other  countries. 

Mr.  Clark  ileseribes  the  manner  iu  which  the  seals  at  Mas-a-Fnera  were  attacked. 
At  paj;e  407  of  the  article  above  cited  he  points  out  that  between  tlie  years  171):;  siud 
\r*A)7  .■«,r)00,000  seals  were  obtained  from  this  island  by  Ihi^rlj.sh  and  xVmericau  ves.sels, 
and  in  lS-24  the  island  was  *' (dniost  abandoned  by  the.se  animals. "'  .Mr.  Clark  also 
shows  that  in  17'.t7  there  were  only  -J, 000,000  on  the  islands,  and  yet  iu  seven  years 
more  than  3,000,000  were  carried  from  the  islands  to  Canton,  China. 

Mention  is  inadB,  too,  of  fourteen  sliip.s"  crews  on  the  i.slaud  at  one  time  killing 
seals.  At  page  40S  mention  is  made  of  from  twelve  to  fifteen  crews  ou  shore  at  the 
same  time  (American  and  Knglisln,  and  that  "there  were  constantly  more  or  les.s^of 
shiiLs' crews  stationed  here  Ibr  thepurjio.se  of  taking  fur-seals'  skins'' —I'nmi  [7'S.'> 
to  b-i07. 

It  is  contended  by  the,  Canadian  (government  that  a  reference  to  the  history  of  this 
slaiid  is  entirely  beside  the  contention  on   the  |iarf   of  the   l'uit"d  States  that  it  is 
neces.sary  to  keep  sealing  craft  hundreds  of  juiles  away  from  lookerit-.s  in  order  to 
preserve  the  seal  life  on  the  breeding  grounds. 

The  cause  of  injury  is  the  same  iu  ail  the  cases  mmitioned,  and  Mr.  Chapel,  iu  the 
appendix  to  Mr.  Tlaine's  letter,  now  under  coiisiih'ratiou,  at  luige  o  well  .says: 

"It  is  stated  that  .'it  the  Sbetlauds  alone  [which  never  ei|ualed  the  i)resont  con- 
dition of  the  Pribylov  group,  mentioned  by  Hon.  C.  A.  Williams,  already  (|Uoted] 
100,000  per  annum  iuight  have  been  olitaiued  and  the  rookeries  preserved  if  taken  under 
proper  restriction.^;  but,  iu  the  eagerness  of  men, old  and  young  male  and  fiMiiaie  seals 
wen;  killed,  and  little  jmps  a  few  days  old,  dejuived  of  their  mothers,  died  by  thoii- 
sauds  on  the  beaches— [it  may  here  be  observed  that  not  a  caseof  dead  pups  was  ever 
found  on  the  i'ribylov  group,  so  far  as  the  reports  on  the  islands  show]— carcasses  a. id 
bones  strewed  on  the  shores." 


:')0 


SKAL    FJSHKKIKS    OK    IIKIIIMNC;    SKA. 


^1    I 


TliiN  rttiiiciiiciit,  citcil  III  till'  I'liitrd  Stiitcs'  t'fisi',  is  diicct  aiil Iiniii y  for  llic  Ciina- 
diaii  ciiMti'iitiiiii.     ]t  illustrates  tlin-c  iiii|inrtaiit  points: 

(1)  Tliiit  iiuliscriiiiiiiatc  .shiii^'lifcr  on  the  lircrdinjr  y;i(iiiii(ls  is  inJiiriniiH  and  in  tiino 
-iU'Htriictivf. 

("Ji  Tiial  wlicii  till-  niallifis  an-  killed,  tin-  .vuuiik  i>ii]im,  dvinj;  in  coiisi'iincnco,  aro 
I'ounil  (III  tiii^  island. 

(IS'  'Dial  rcj^iilatiiins  dftlit' iinnilM'r  ti)  lie  Killed  on  the  island,  wiili  earet'nl  super- 
vision, will  maintain  the  rookeries  iiidependenlly  of  prohiliitinj^  sealin;.;  in  the  wators. 

'I'lie  report  of  tile  Ilinise  (.•'  U'epresonlati \  es  states  : 

■•  I'lie  oiil\  existin;;ro(d;er!es  are  those  in  Alaska,  another  in  the  U'lissian  part  of 
Jirhrin;;  Sea,  and  a  third  on  Lohos  Island,  at  the  mouth  id'  thu  river  I'lute,  in  South 
Anieiica." 

The  .statement  is  iiicorreet.  Important  omissions  oeciir,  sinee  the  ciises  left  out, 
vIhmi  examined,  show  that,  notwitlistandin;LC  all  of  the  extraordinary  aiul  indiscrim- 
inate Hlanjihter  of  i)iist  years,  it  is  jiosHilde,  liy  ciirefnl  supervision  of  the  rookeries 
^iloiie,  and  of  the  seals  while  on  land,  to  re\'ive,  restore,  and  maintain  Iiuniitive 
rooktjries. 

Quoting  from  an  extract  from  ii  iviissian  memorandnm  res]iectiiij;' the  hiintiiijj;  of 
HcaN,  commnnicated  by  M.  de  Staid  to  tli(>  Man|nis  of  Salislniry,  and  dated  .Inly  •,'.'), 
1">8>,  it  IS  foiiiid  thai  other  rookeries  are  hy  no  means  doscrt.od.  'I'he  extruct  reads 
as  fidlowH : 

'■  llie  places  whert^  fur-seal  Iiiinliiiii  is  carried  on  may  he  divided  in  t  wo  distinct 
;;r()ii)is.  'i"ho  lirsl  i^rouji  would  comprise  I'riliylov  Islands,  IJidiriiijf  Sea,  11)0,000 
killed  in  l-*');  Commander  Isl;inds  (liidiriii;;  and  Copper  Islands,  .l."),()00 ;  Seal  Isl- 
ands, Okhotsk  Sea, -1,000) ;  total,  ll'.>,000. 

" 'I'lie  second  ;iron|),  the  sea  near  the  coast  of  N'ictoria,  tiO,000;  Lobos  Islands, 
Ifj. (1(1(1;  islands  nevr  t^apc  Horn  and  the  South  I'olar  Sea,  10,000;  islamls  Itehuij^ing  to 
.lai>aii,  T, (Hill;  Cajie  of  (iood  Hope,  "), 000:  total,  .'u.dOO." 

An  important  omission  is  the  case  of  Cape  of  (iood  Hope,  in  relereuce  to  wliicli  the 
(  oniiiiittee  (d'  the  House  of  ]{epreseiitatives,  pre\ions  to  theii'  report,  had  been  in- 
lorined  (see  II.  Iv*.  K'eport  '.Wf*',),  .'>Oth  Coiij;.,  *Jd  sess.,  p.  Ill)  that  from  the  i'upe  oj'  (iood 
Jlojii  islands,  uniler  iirotc'tioii  (»f  the  Cajto  (Jovernmeiit,  a  yeai'lv  (-miipiy  of  .'),000  to 
f^,iMM)  skins  is  di>rived,  ;ind  that  from  .laiian,  it  \v;is  stated,  sometimes  15,000  aiul 
scmictimes  .'),0(i(i  a  year  are  received.  These  islands  are  now  rijjidly  prot(!cted  by  tlie 
go\'ernmeiits  of  the  countries  to  wliicdi  they  belonj;' ;  but  mdther  ihxis  the  (Joverii- 
ment  of  tlie  Cajic,  (d'.Iaitan.  nor  of  rrnjiuay,  in  case  of  the  Lobos  Islands,  consider 
it  necessary  to  demand  the  r(;striction  of  the  |iiirsuit  of  seals  in  the  open  sea. 

I'nited  States'  vessels  have  visited  the  islands  oil' the  Cipi*  of  Good  Hope  from  l."^00 
to  !"<;!;"),  and  have  taken  on  some  days  .MH)  to  TOO  skins,  securing;'  several  thoiiHands 
of  skins  anniiMlly.  In  18:10  ('ajdain  (iiirdou  L.  Allyn,  of  (Jale's  I''erry,  Conn.,  men- 
tions lindin;^  a  tlioiis;ind  carcas.-es  of  seals  at  one  id'  the  islands,  the  skins  of  which 
had  been  taken,  lb;  landed  and  tiiok  seals  in  coiisideraldc*  numbers.  He  was  ayaiu 
<in  a  sealing  voyage  on  tlii.i  coast  in  H;iJ,  and  shot  seals  on  tlni  rookeries. 

In  1-"J-'  a  plague  visited  these  rookeries,  and  .")00,000  seals  perished  during  the 
jdague  (Clark  in  the  rcjiort  of  Hie  1'.  S.  Com.  of  Fish  and  Fisheries,  1H87,  sec.  v,  vol. 
ii,  jtp.  U"),  41(i),  and  yet  to-day  we  tind  a  renewal  of  tin;  industry  by  regulations  ap- 
l)lied  .lolehi  to  the  rookeries,  and  urli(siir  of  the  deep  sea  operations. 

I'pon  i>age  7  of  the  ap\teiHlix  now  under  review,  the  report  of  the  Congressional 
committee  on  Alaska  seal  fisheries  refers  to  testimony  of  United  States  Government 
agents  regarding  the  number  of  seals  shot  and  not  secured,  and  a  calculation  is  re- 
ferred to,  to  the  ell'ect  that  one  in  every  seven  is  alone  secured  by  the  hnnter  who 
follows  seals  on  the  sea.  The  exi»erience  of  Canadian  hnnlers  is  directly  opposed  to 
This  theory,  and  shows  that  a  loss  of  ti  per  centum  is  all  that  ever  takt^s  place,  while 
Intlian  hunters  seldom  lose  one.  Solemn  (U'clarations  to  this  effect  have  been  made 
nnder  the  Canadian  statute  relating  to  extrajudicial  oaths. 

Ill  contirmation  of  this,  reference  may  be  had  to  Mr.  II.  W.  Elliott,  in  the  United 
States  Fish  Commissioner's  report,  vol.  ii,  sec.  v,  p.  4'5i>,  where  he  says: 

"The  Aleuts  tire  at  the  otter  at  LOOO  yards  range,  and  that  when  hit  in  the  head 
nine  times  out  of  ten  the  shot  is  fatal." 

In  the  case  of  hunting  tin;  seals,  the  practice  of  the  white  hunters,  all  expert 
shots,  is  to  paddle  up  to  the  seal  while  asleep  in  the  water,  shoot  it  in  the  head,  and 
at  once  haul  it  into  the  boar ;  while  the  Indians  apprfiach  it  in  a  canoe  and  spear 
the  seal,  the  head  of  the  spear  separating  itself  and  lieiug  attaci  ed  to  a  rope  by 
■which  the  seal  is  draggc'd  into  the  canoe. 

Keference  is  made  on  page  l  of  the  ajipendix  to  Mr.  Blaine's  letter  to  the  limita- 
tions in  the  lease  of  1870.  These  conditions,  it  is  contended,  are  most  inconsistent 
with  the  present  view  of  the  United  States  regarding  the  danger  to  the  preserva- 
tion of  seal  life.     With  respect  to  this  the  following  facts  should  be  carefully  noted  : 

(1)  Up  to  18li'i  no  law  in  Russia  existed  prohibiting  or  forbidding  the  killing  of 


,..^.-.>..:7Rj 


m 


SEAL    FISHKRIKS    OF    MKIllMNO    .SKA. 


;u 


MiMils.  iiimI  ill  tliiU  .vf'iir  iiii  iMoiMTiitivi' l;i\v    was   iiioiiuil;,'iitt'(l.     (Son   K'iiM-,i)ii»   memo. 
raiMliim,  Mr.  dc  Stin"!  ti>  LukI  S:ili,slitiry,  •,'.">  .Inly,  !-'•«■*.) 

Ml  Mcliityn!,  ii  H,  nei.'il  UKiMit  of  llu-  Ti-fiisiiry  Dcpiirtiiii-iit  (FI.  U.  Kx.  Doc.  ;i(;, 
ll>t  «'lm^^,  -ill.  HCHs.,  pa<{.!  IS),  rcconlH  flu-  catdi  liikrii  from  tlu>  J'riliylov  l.sluiuU 
iiimIi'I' llh'  Iiiissiiiii-Amcricaii  comiiiiny  iis  rollnwH: 

/■/(/(/(   sIidhiikj  IIii   iiiinihrr  ()/  J'nr-yidls  hiLiti  hij  Ihv  UHs^.hiw^  mi  SI.  I'mil  nr,il  Si,  llcon/v 

J'ihtHtlii  I'i'iim  Is'lT  til  IstiU. 


Niiiiilicr 


flo.  IKS 
.Ml,  H.-)0 

r,.j    .J.J-, 

5(i',  '."JO 

44,  iior. 
:iti.  4f;ii 

1!!),  H7:i 
25,  4(IU 

:to,  \m 
1!;),  'J,")(i 

10,700 
L'.'t,  '."JK 
■-'0,811 
18,  (r!4 

Hi,  ii:i4 

10,  440 

i«,4rj 

1.5,7:.! 

t),  ."iHO 

ti,  ."i!l() 

8,  «()'-' 

*<!,  0(1(1 

*6,  OUO 


'  IfniiilHT 
'  of  Hoalii. 


lf*10 -(^.000 

1811 '>i,  000 

I84i; 1(1,  ;i70 

18-t;' U,'J4() 

lH4t U.U'Ji 

1X4.-. i:j.o;i7 

l."illi 1.-.  071'. 

1847 17,  70J 

1  «48 11.  (),-,() 

I84!l •.>!,  t.lii 

18.-.() :  (J,  770 

18.M '  (i,.-,(|4 

18:^2 !  0,72w 

i8r.;i 1  is,  03.'. 

18.'.4 2(),  U(i 

l!^'>.' M,  585 

1 8."ti 2;i,  .•),')() 

1 K.')? 2 1 ,  ( )8-J 

18.'i8 HI, 81(1 

Is'i'.l 22, 1100 

18()0 ;  21.5!)u 

Total  ill  forty- I'odi'  years 705,087 


"Appnixiniative. 

IJeferriiij?  to  this  talilc,  Mr.  Mcliityrc  .says  : 

"  Tho  II limber  of  seals  oil  8t.  Paul  Islam!  is  variously  cstiiiiated  at  from  :i,O0O,i)00  to 
4,u0lt,0(IO,  iiielmliiifj  all  classes,  and  on  St.  (<«^)r<ic  at  about  oiie-thinl  a,s  many.  1  think 
it  may  !•«  safely  stated  tliat  there  are  not  less  tlian  4,iKiO,(K)()  on  the  two  islands.  The 
I  able  from  the  records  of  the  latt!  IJiissiaii-Aiiierieaii  ( 'omimiiv.  ai)iieii(le<l  to  this  re- 
port, exhibits  the  number  of  seals  taken  Ironi  each  island  from  I^IT  lo  K'u ,  and  from 
184'^  to  18()0.  Previously  to  l-il7,  says  the  late  IJisliop  Veniamnotf,  no  records  were  kept. 
From  the  same  authority  we  learn  that  during  the  lirsl.  tow  years  f(dlowinjf  the  dis- 
covery of  the  islands  in  1781  over  l(l(),iJO(i  skins  were  annually  obtained  ;  but  this,  it 
seems,  was  too  large  a  number,  for  the  decrease  in  the  yearly  retniii  wa.s  constant 
until  iSiy,  wlieii  they  had  become  nearly  extinct,  and  in  the  next  decade  tlie  whole 
number  .secured  was  l'^l),178,  being  in  If^'i  Init  d.ati'l ;  but  from  \H\2,  under  judicious 
management,  there  appears  to  hare  been  an  increase,  and  in  I-'.'jH  131,810  wort*  taken, 
whicli  was  the  largest  crt/c/i  in  any  one  year,  until  l~b7,  when,  as  I  am  inioiiiied.  souii' 
80,000  or  100,000  were  secured,  under  the  supposition  that  the  Territory  would  soon 
bo  transferred  to  the  United  .States.  'The  (lecrease  from  l-^n  to  18;{8,'  says  liisliop 
Veniarimotf,  'averaged  about  one-eighth  of  the  whole  number  annually,  so  that  in 
1834  tliere  were  produced  on  both  islands,  instead  of  •')0,0il0  to  80,000,  only  1.'>,7,")1,  and 
in  1837,  t3,802.'  From  the  most  careful  compulation  I  have  been  able  to  make,  I  am 
of  the  opinion  that  no  more  than  100,000— 7 .">, 000  on  St.  Paul  and  y.'),000  from  8t. 
George — can  bo  annually  taken  without  iiiciiriing  the  risk  of  again  diminishing  the 
yearly  ]>roduction,  as  we  observe  tht^  IJussians  to  have  done  in  former  years." 

See  also  Wick,  chief  of  land  service.  Kussian-American  tclegniph  exi»edition,  who 
rejiorted  in  1808  on  undiminished  condition  of  the  seal  lisliery  (II.  II.  Ex.  Jioc.  No. 
177,  40th  Cong.,  2(1  sess.). 

Six  million  seals  had  been  taken  from  this  sea  between  1841  and  1870.  ( I'iile  Dall 
on  Alaska  and  its  resources,  1870,  ]>.  MV-l.) 

(2)  In  18G8  Hutchinson  and  Morgan,  the  promoters  and  founders  of  the  Alaska 
Commercial  Company,  and  afterwards  lessees  of  the  islands,  saw  that,  unless  re- 
strictions were  impo.sed  upon  the  ixldmlx,  there  would  be  ruin  to  the  rookeries  (H.  W. 
Elliott,  "  Our  Artie  Prov  nee,"  pp.  '247,  v*48) ;  cou8e(]nently,  by  act  of  Congress  ap- 
proved July  27,  18(!8,  the  killing  of  fur-seals  nn  Ihe  'flaiids  was  ])rohibited  (W.  If.  Mc- 
Intyre,  special  agent  Treasury  Departmeut,  11.  K.  Ex.  Doc.  No.  30,  41st  Coug.,  2d 
sess.,  p.  12).     Notwithstanding  the  act  to  which  reference  has  been  made,  50,000  were 


r>2 


SKA  I.    FISH  i:ii  IKS    nl'    MKIIIMNCJ    SKA. 


!l 


Ivilli'tl  nil  SI.  (MMiru''  and  l.'.n.diio  itii  St.  I'iiiil  liv  tnnli'iM  in  MiW  i  Dull,  p.  VM>},  Kiu.iimi 
ill  l"<(;'.t(\V.  H.  Mrliit.vic,  II.  U.  K\.  I>tu'.  \...  ilC,  -IInI  ('«ni«.,  p.  Ili). 

•Mr.  Wiiiiliiiaii.  an  a;;i'nl  ni'  llif  I'niti'il  SlalfHTri-usiirv  at  the  Seal  l.siiiiiiis,  in  his 
"Trip  lo  AhiMlva.'"  piilili^linl  If-I,  on  pa^i'  !'-.  Ha\M: 

'•  (ifiirial  (tii^lan;;lil.  lliii-ali'iiiiii:  cxti'iiniiiation,  li.v  Anicrican  srM.sch  ilniin;f  llit> 
inlcircijiinni  of  dcpartim'  of  K'lis.siiiu  iiinl  iii^taliatinii  of  rniicd  Statfs  (iovriiiiiii'iitM 
liidk  nlacc.'" 

Ami  tlif  Naiiii' (iHi<  IT,  in  liisswitrn  tt'Mtinioii.v  ;;ivt'ii  hfliiic  tln' (-'oiif^n'MHioiial  cinii- 
iiiit-tt'i',  .slalfd  tii.'it  ;!il(),(Mi()  wcif  killed  in  In11». 

' (W)  Notw  itli>iaiidin;;  lliis  I'ondii  ion  of  allairs,  Sccrt'lary  jldiitwfil  rcpuilcd  in  l~Tti 
til.  1{.  Kx.  Hue.  No.  1'.".).  p.  ".',  Ilsi  ('oii;,f,,'Jd  Mt'M.i. )  llial-  •' it' I  In- animals  art' inntccird, 
it  in  priilialilt'  that  :ihoiit  liiD.nnil  Nkins  iiia\  \>v.  takrn  t^nch  yttai'  witlinnt  (liininiHliin;; 
tli((  ,sii]iplv."  anil  that  "  yrcat  cuff  wax  ncri'ssar.v  I'ov  tlif  proHtTViitiou  of  tlio  hwiI 
li^hcrics  /(/'()//  //((•  IhIkihIs  of  St.  I'md  iiml  St.  (lionjr.'' 

So  Dall,  in  his  liook  on  Alaska  ( ISTO.  p.  VM>).  in  ft- Cr if  in«'  to  HJatinlittT  It.v  UiiHsiaiis, 
lii'lirvcil  that  KMi.fiiiii  .si'als  roiild  safely  he  killeii  aiiiinall>  iiiidtM'  regulations,  and  .Mr. 
lilaine.  in  his  dispaleh  to  Sir  Julian  I'aiiiu cl'iiie  ot'  I  he  '111  h  of  .Jjuiiiai y,  says  : 

■'In  theeoiirM'  of  a  lew  \  I'ars  of  intelli;;iiit  and  interest  iii;^  experiment  the  niiniher 
that  iiMild  lie  .sately  slanuhteied  was  lixed  at  Ihd.ihmi  per  annniii." 

Mr.  Iioiif  well,  as  will  he  seen  on  i-el'ereiiee  to  his  repoil ,  w  as  opposed  to  a  lease,  and 
remarked  that  it  was  necessary  in  any  event  lo  niaintaiii  in  a»(/ ((/luna/ the  islands  an 
enlarj^ed  naval  foree  for  the  proteetioii  of  the  same.  This  report  was  lollowcd  l),\  the 
le;;i.sluti<ni  iiiuler  which  a  lease  was  executed  in  May,  I'Tii. 

il)  In  drawing'  the  ferms  of  the  lease  and  re^^iilatiiMis  cimetMiiiiij;  tiie  islands  the 
I'liifed  States  pel  milted,  in  tlm  llieii  state  of  alfairs,  ilio  lessees  fo  take  lilt), Odd  seals 
a  year  lor  iwenly  years,  and  they  \M're  permitted  to  make  up  this  iiiimln.-r  from  any 
mule  seals  ot'  one  year  oj'  a;;e  or  over. 

(.'))  The  natives  were  allowed  lo  destroy  on  the  islands  pup  seals  of  either  sex  for 
I'ood,  iinmheiinM;  m  some  ye.irs 'i.iino. 

(Gt  'i'lie  1011,0(1(1  eoiild  111  killed  hy  the  lessees  in  the  moiitlis  of  ,Jnne,  .Inly,  Septeiii- 
her,  and  <  »ctol)er. 

I'poii  pu;;e  rt  ot' f lie  appendix  to  Mr.  lilaine's  note  the  opinion  of  the  committee  of 
House  of  Ue|ireseiitali ves  is  ;jiveti  tt>  the  elfect  that  the  proteetioii  of  tlio  islands  is 
not  enon;^h,  hut  that  the  seals  must  lie  protected  in  i  heir  aiinnal  nii;;'ratioiiH  to  and 
from  the  rookeries,  and  for.")!*  miles  southeast  of  tl..' '.lokeries  to  thidrleedinf;' grounds. 
This  is  a  Car  ditiereut  jtroposal  from  that  siihmitted  hy  the  Secretary  of  State,  since-  it 
does  not  emlii-ace  the  whole  ol'  the  Hehrin^'  Sea,  hut  locates  the  feedinj^  ;;-i'oiinds,  so 
railed,  within  ,"i(i  miles  of  the  islamls. 

The  other  iioints,  on  pa^e  "^  of  tlio  ajiiiendix  to  .Mr.  Ulaine's  letter  to  Sir  .Inlian 
rannuefote  of  the  :id  instant,  need  hardlv  he  dealt  with  in  discnssiii;^  the  necessity 
I'or  a  close  season,  reference  beino  made  therein  to  the  sortiiij;'  ot  the  lierd  for  killinj;" 
on  laud  so  as  not  to  kill  ihe  females.  This  is  admittedly  wise,  since  the  killiii;.;  is 
done  .Iiiiie  1-1,  when  the  pups  are  heiiiu  dropped.  The  rest  of  paye  <  nl'  .Mr.  JUaine's 
niemoiandum  raises  the  point  that  a  seal  is  not  a  tlsli. 

So  on  ]iaj;e '.Mcstimony  is  cited  toiudiiiii;-  the  necessity  for  not  killin;;'  ftuiiales  on 
the  rookeries,  when  wholesale  .s|auj;hter  of  l()(l,()li(»  a  year  jljocs  on,  and  this  is  not  here 
controverted.  Tli'.>  oiiinion  of  .Njr.  (Jliddeii,  whose  exptsrieuce  was  conlined  to  the 
htiid  ujttratioiia.  rej;ardinj;'  the  projiortion  of  seals  reco\(M'eil  wiudi  shot  iu  deep  sea, 
can  not  lie  of  wei;^lit.  It  is.  therefore,  unnecessary  to  dwell  upon  the  fact  that  lie  is 
a  tiovernment  employe.  ;;iviiii,'  his  views  in  I'avor  of  his  (ioveniinent's  coiiteittion  in 
18f<-.  alter  the  seizures  of  H-^.')  had  taken  jilace.  This  oflicer  was  on  St.  (ieor<j,'e  Is- 
land from  the  vJ.'ith  of  May  to  August  in  h'^^l  only.  His  opinion  that  an  "open  policy  " 
would  not  preserve  the  value  o-t  the  seal  lisheriek',  aiul  tliat  it  is  necessary  to  protect 
the  seals  in  H^dirini;  Sya,  as  well  as  on  the  islands,  •:;  not  liased  ii])on  much  iir.ictical 
knowledge.     He  tnrtiier  staled  that  not  much  hiintitin;  ^vas  done  in  the  Pucilic. 

Hon.  .Mr.  William.s,  at  paji,e  107  of  eviileiice  I'cl'j.e  the  Congressional  eommittee, 
says : 

"  Three  miles  lieyond  land  (in  Pacific)  you  do  ii'>i  ■;  c  them  :  where  they  i;o  no  one 
knows.'' 

The  Hritisli  ("oliimhiaii  sealers  and  the  recoril  of  their  catches  in  the  Pacific  for 
lwent.\  years  weakens  the  standing  of  these  witnesses  as  ex[ierts. 

Mr.  Taylor,  another  witness,  ascribes  to  the  lish  of  IJehriiiii-  .Sea  a  very  hij;li  order 
of  intel!ii;ence.  He  deposes  that  in  lielirini;'  .Sea  the  seals  eat  a  j^reiit  imiiiy  tisli 
every  twenty-four  iio'us,  ,iiid  as  "tln^  lish  have  becoini'  well  aware  of  the  fact  that 
there  's  a  jiood  many  seals  on  the  seal  islands,  they  keep  far  out  to  sea."  He  stands 
alone  ill  testifyiiiii  so  positively  to  what  can,  at  best,  be  a  matter  for  conjecture,  and 
he  fails  to  show  lie  had  the  slij;litesi  means  of  ascertain iiii,'  this  knowledge.  He 
further  stated  that  the  bulls  remain  on  the  islands  all  sniniiier. 

This  is  contradicted  by  writers  and  other  Inited  States'  witnesse.s,  as  will  be  seen 
hereafter.     It  is,  therefore,  evident  that  this  gentlemaii  was  testifying  simply  to  hi.« 


tb 


m 


SKAI-    riSHKIflEa    OF    HEHRIXG   SEA. 


38 


own  iHM'iiliar  lln'oiici  rcyanliiiu  Hcal  lil'i'  ii|Mtii  vriy  liinitt'd  cspfrh-ncf.  Hi'  sayn,  iit 
one  placf,  that  wliilc  lln' cowi  aro  out  (and  tln'v  no,  li<^  tt'lls  us,  Hi  to  ir»  miicii  and 
<«v<'U  tiirtlii'i)  tin-  MoaliTN  <atcli  tlicni:  wliili',  at  aiiotlicr  place  lie  Htati-s: 

"  TIu)  Mt«a  is  Mack  with  thmi  (tntinid  llie  iHltimh,  when-  thoy  pick  np  a  ),'»kkI  iiiatiy 
s<Mil.  iUid  llirn  h  irlifyf  Ilic  Lillini/  of  cintH  mrurs — irhi-ii  Ihiii  (/<»  iinhaii ." 

So  that,  cvi(h'iitly,  lie  may  hiivc  m-i-ii  chwm  killcil  when  unnnid  llir  iHlauih,t\u>  only 
)dacc  at  wliicli  he  appai'cMtl,\  <(iiild  nlistivc  liii-Mi,  and  ln>  has  niiTcl\  conjcctiiit'd  tin- 
distance  that  they  ^^o  I'nun  hind  and  the  iniinliei  actually  hIkiI  in  deep  water. 

'I'liis  witness  '•  thinks  tliere  is  sdme  daiiia^;e  done  m  kiliiiii;  and  slKintiiiL'  of  the  cows 
and  leaviii);  so  many  yniui;;  withoiii  Iheir  mothers."  Theic  would  he  less  doiilit  r'«' 
spectin^f  the  cowh  lieini;  sliot  or  hist  it'  it  was  salisl'iieioiily  siiowii  Unit  lai'«e  nnniliers 
of  voini;:;  pnps  were  found  dead  in  the  io(d{eries.  I'he  witness,  if  aide,  would  have 
certainly  pointed  to  llii.s.  'I'he  reverse,  however,  Im  the  fact;  a?id,  with  tlio  exception 
of  om'  witness  liet'ore  the  Conyressioiial  loiumittoe,  whose  evidence  will  he  exainiiiiul 
ayaiii,  not  an  anient  <d'lhe  (iovcrnnieiit  nor  a  writer  over  stated  that  imps  werefonnil 
dead  in  any  nnmhern  on  the  islands  from  loss  of  motheiH  ;  the  fact  heiim  that  mothera 
never  eo  far  from  tlndr  yonnu  until  the  ymnii:  are  widl  ahh-  to  care  lor  themstdves. 
'I'his  witness,  not  wit  liH'andiiin  liis  .■liliisioii  to  supposed  damajie  hy  tin'  killinj;  of  moth* 
ers,  the  killiii;^  of  cows  liy  vcssids  in  shon — where  the  sea  is  Idai  k  u  itli  them — had  to 
admit,  "the  niimlier  (d'  seal,  in  the  a^^n'e^iate,  is  not  appiinntly  diminished."  \Uh 
know]ed|re  is  conlined  to  one  yoai' i  l^"'!  >,  and  we  have  hetieraiid  undisputed  testi- 
mony  that  lonj;  after  this  a  i;reat  increase  had  taken  place— an  increase  of  millioiiH. 
Mr.  Taylor,  it  should  he  ohserved,  however,  j^ave  other  testimony  than  that  qnoteil 
hy  Mr,  Hlaine.     He  said  that  — 

'•'riieHc  i)redatory  vessels  are  j>'enerally  there  (in  IJehriiijf  .S«ai  in  the  spring  of  the 
year  when  tlu'CowH  are  K'''"K  f'>  tl'»'  island  to  breed  •  *  •  most  of  the  seals  that 
are  killedhy  these  nuiraudinn-  vessels  are  cowh  witli  youufj." 

He  estinnites  the  number  taken  in  l-"'l  at  from  r».(Mi(i  to  ,'^,()ii(). 

"These  vessid.s  will  take  occasion  to  lian;^'  aroninl  the  islands,  and  when  there  is  a 
heavy  tofjt  to  go  on  the  rookeries  v«>ry  often." 

'I'he  chief  damage,  according  to  Mr.  Taylor,  is  not  ihe  killing  of  mothers  out  at  sea 
when  their  young  are  on  shore  de]iending  upon  the  reiiiru  of  tliiir  ninthern.  as  is  cou- 
tended.  but  it  is  due,  he  says,  to  the  insiifticient  protection  of  the  i-land.  This  can, 
as  will  be  pointed  out,  be  remedied  if  the  suggestions  of  (Jovernment  agents  are  acted 
upon  in  the  line  of  bettcT  police  guarding  of  the  rookeries. 

Mr.  Williams's  testimo-::*  is  nt;xt  referred  to  on  }>age  H'  of  the  ajipendix  to  Mr. 
IMaine's  letter.  This  gentleman  was  engaged  in  the  whaling  imsiness  for  forty  years 
(jtage  1',\  of  evidence  before  Congressional  committee).  Asi  regards  fur-.soals,  his 
knowledge  is  not  based  u])on  experience,  but  "from  reading  and  from  (tonversatiou 
with  my  captains"  {\>.  7:5).  He  was  called  by  re(|nest  <if  attorney  for  the  Alaska  Com- 
mercial Company,  of  which  !Mr.  Williams  was  a  stoeklndder. 

No  importance,  it  is  submitted,  can  he  attaidied  to  his  testimony  regarding  the 
habits  and  nature  of  the  .seal  after  such  a  frank  confession. 

Hisevidence  that  t'enniles  in  ))np  mass  together  iu  the  sea  h(d"ore  landing  m,''.y  Ihere- 
f(U'e  bo  dismissed,  since  he  does  not  jModuce  any  authority  for  a  statement  which  is 
contradicted  by  exjiert  testimony.  Neither  is  his  statenu'ut  that  hunters  admit  that 
out  of  eight  shots  they  would  savc'  one  seal  only  correct. 

Un  pages  11  and  VI  of  the  api)enilix  Mr.  Williams  naturally  gives  his  views  for 
holding  the  control  over  se;il  life  in  l'>ehring  Hea.  It  is  not  denied  that  evci'y  lessee 
of  the  I'ribylov  group  would  agree  entirely  with  liiin  m  this,  It  may  be  remarked 
that  he  does  not  share  th«^  theory  of  the  Tuited  States  tliat  the  chief  danger  lies  in 
killing  the  mothers  when  out  iu  the  deep  .sen  for  footl,  having  left  then'  nurslings  on 
shcu'e. 

At  i)ages  10,  11,  and  12  of  the  appendix  Mr.  Williams  is  quoted  to  show  that  the 
danger  to  the  females  lies  in  the  journey  through  the  Aleutian  Islands,  with  young, 
to  the  lireeding  grounds.  Un  jiage  90  of  his  evidence  l)efore  the  committee,  he  illus- 
trates the  inetl'ective  means  of  ])rotecting  the  lookeries  by  stating: 

"Last  fall  ii  schooner  landed  at  one  of  the  rookeries  ami  killed  17  cows  and  bulls 
j'ight  on  the  breeding  rookerit's." 

Again,  at  page  10()  he  fays  : 

"That  the  jiresent  measures  are  somewhat  iusnfticient  is  .shown  by  the  fact  that  for 
the  last  three  or  four  ye  irs  there  have  been  increa.sed  depredations  annually  upon  tin 
roi)kerien. 

"A  revenue-cutter  gees  upon  the  grounds  and  then  is  orderpd  north  for  inspection, 
or  for  relief  of  a  whaling  crew,  or  something  of  that  kind,  and  they  are  gone  jiretty 
much  the  whole  time  of  the  sealing  season,  and  there  appears  to  be  iusnfticiency  of 
the  method  of  protection." 

On  page  108  he  says : 

"They  shoot  them  as  they  find  them.  *  *  *  A  vessel  can  approach  within  less 
than  half  a  mile  or  a  quarter  of  a  mile  of  the  island  and  not  be  seen  (on  account  of 

H.  Ex.  450 3 


!'    I 


:ll! 


li 


84 


SEAL    FISHERIES    OF    BEHRING    SEA. 


als,  from  Laiul  and  Watfr, 


fog),  and  can  send  licrhoatH  on  the  beaches  and  j^et  oil"  fifty  or  a  hundred  skins  before 
the  inhabitants  ean  liml  it  out." 

EvichMitly  Mr.  Williiiins  does  not  cunsnUn'  the  shootinj;  of  females  far  from  land  in 
umcli  indulj^ed  in,  as  he  insists  that  tlie  damage  is  dune  inshore,  wliere  no  pelice  pro- 
tection is  enforced. 

Tlie  liistory  of  the  rookeries,  ,i;iven  on  jiages  1'^,  ll>,  and  14  of  the  appendix,  has  been 
dealt  witli  already  in  tliis  paper. 

On  payes  14  and  !;'>  of  tiie  ajiiiendix  an  article  on  fnr-se; 
written  in  IHTT  by  a  Mr.  Lee,  is  referred  to. 

He  merely  alliules  to  the  indiscriminate  slaughter  which  was  practiced  on  tho 
rookerii  s,  which  no  one  defends  oi  Jnstifics. 

Mr.  Mcfntyrc.  snix'rintendcnl  of  the  seal  lisherics  of  xVlaska  for  tho  lessees,  is  then 
brou.i;ht  forward  l>y  ilr.  lUainc. 

Tliis  ueniieniiui  went  to  the  island  as  a  Government  aj;ent  to  insjject  the  operation.s 
of  the  company.  His  reports  were  favoral)le  to  juid  liii;hly  enloyistic  of  tiie  company, 
and  thoy  were  immediately  followed  by  his  resiy;niition  aa  a  Government  ollicial  ami 
liis  ap)iointnH-iit  to  a  lucrative  position  under  the  cDmpauy. 

His  tentimony  is  naturally  more  in  favor  of  the  company  ami  of  the  Government's 
contention,  which  is  so  directly  in  the  interest  of  the  comp  Miy.  than  the  testimony  of 
any  other  witness. 

Ifc  thinks  only  one-tif(h  of  tho  seals  shot  arc  recovered,  i:J«^  his  reason  is  that  h© 
has  found  seals  with  bullets  in  their  blubbers  on  the  islands.  He  attributes  a  deti- 
ciency  in  the  number  of  seals  in  l-^rtf<  to  tiio  fact  that  cows  woe  killed.  Me  mentions 
that  if  cows  are  killed  in  August,  and  tiieir  young  dejirived  of  their  mother's  care, 
the  young  perish.  The  young  jierish  also  il'  the  mother  is  killed  before  they  arc  born. 
In  tills  way  he  endeavors  to  rejircsent  such  a  practice  obtains,  but  it  is  to  be  borne  in 
mind  that  he  does  not  go  so  far  as  to  saj  that  pups  are  found  dead  on  the  islands  in 
any  number.  When  this  ollicer  was  reporting  on  tlie  operations  of  the  company,  and 
before  the  i>resent  contcutioii  was  raised,  lie  gave  ;i  glowing  account  of  the  increas- 
ing numbers  of  seals  at  the  islands,  as  will  be  shown  :  ijutat  page  IK!  of  the  evidence 
bctore  the  Congressional  ini|uiiy  lie  labors  to  reduce  the  estimates  of  botii  Elliott  and 
Dall  l>y  <uie-tliird  or  one-half.  Hii  concludes  that  the  nunil)er  of  seals  has  largely  de- 
creased in  ilit;  last  two  years  (ItfdT  and  18Hrt).  The  company,  howevef,  killed  their 
ItKi.OUd  in  each  of  these  years.  Tim  (Jovernment  had  the  discretion  to  reduce  tho 
limit.  The  (iovernment  did  not  deem  it  necessary  to  do  so.  The  number,  this  wit- 
ness says,  was  increasing  until  \f-S2,  and  then  other  parties  began  the  killing  of  seals, 
"esiiecially  since  1884."  All  this  told  upon  the  rookeries,  and,  he  added,  "  a  consid- 
eraltle  percentage "'  of  tlu^  killing  was  made  uj)  of  male  .seals  (evidence,  ]).  117).  Mr. 
Mclntyre  attem])ted  to  count  the  catch  iu  l!->"<(i  and  in  18e7,  and  stated  that  40,000 
skins  a  year  wert;  taken,  nearly  all  in  Hehring  Sea  water,  and  in  a  few  instances  by 
raids  on  the  laud.  How  he  obtained  this  inforimition  is  not  shown.  Fioni  his  posi- 
tion on  the  island  of  St.  Paul  during  all  that  time  his  statement  is  obviously  a  mere 
surmise. 

H"  could  <mly  know  inyxinuiUij  of  the  catch  from  raids  which  were  made  on  tho 
i^hiiid  in  I"'"'*)  and  1887,  and  wliich  were  due  to  ineffective  protection  of  the  islands. 
After  telling  us  that  a  large  percentagi^  of  the  catch  of  the  maramlers  was  made  up 
of  a<lult  males,  he  entirely  forgets  this,  as  we  find  him  saying  (at  p.  1I8): 

"A  majority  of  i lie  skins  taken  i>y  marauders,  in  fact  80  or  "JO  per  cent.,  are  from 
females." 

It  is  submitted  that  this  witness,  whose  interest  on  behalf  of  tho  c(unpaiiy  (tho 
lessees)  is  shown  iu  his  confession  that  it  was  at  times  necessary,  in  order  to  control 
the  prici'  in  the  markets,  for  the  company  to  take  le.ss  than  100,000  seals  (evidence, 
p.  I'^l)  has  not  strengthened  his  testimony  on  the  main  jioint  by  speaking  positively 
to  the  following,  which  could  only  have  Iteen  known  to  him  by  hearsiiy  : 

(II)  Russia  destroyed  marauding  vessels. 

(/')  A  liritish  vessel  in  1887  took  450  seals  in  Behring  Sea,  secreted  them  on  a  small 
island,  left  them,  and  returned  to  the  sea  for  more. 

(c)  JL'irauders  kill  100,000  each  sea.son. 

{<!)  It  is  nor  true  tliat  vessels  are  .seized  when  pursuing  legitimate  business. 

He  goes  on  to  say  that  for  the  first  fifteen  years  of  the  company's  lease,  vi/,  from 
1870  to  188.">,  the  lessees  were  unmolested  (p.  Iv'i*),  which  statement  has  been  shown 
to  be  incorrect.  He  ob.served  that  since  1882.  and  especially  since  1K84,  other  parlies 
have  been  destroying  seals,  "reducing  tho  e(|iiilibriuni  of  the  .sexes."  As  will  be  sub- 
mitted hereafter,  he  has  been  contradicted  in  regard  to  this  by  expert  writers,  histo- 
rian.'-, travelers,  and  agents  of  the  1,'uited  States  Government.' 

Mr,  H,  W.  Elliott,  whose  experience  is  limited  to  18;'J,  1^-74,  a. id  1876,  when,  as 
Ml.  M;;Iutyre  says,  no  injury  wasdone  by  marauders,  is  next  referred  to  by  Mr.  Blaino 
(]>age  Id  (if  appendix).  He  is  referred  to  as  ainemberof  the  Smithsonian  lustitutiou; 
he  was  also  a  special  agent  of  the  Treasury.     The  following  are  extracts  taken  from 


SEAL    FI8HERIES    OF    BEHUING    SEA. 


as 


a  "report  upon  tlio  customs  districts,  public  service,  and  rcsmirocs  of  Alaska  Terri- 
tory," by  W.  I<.  Morris,  special  a<j;tMit  of  tlic  Treasury  Department,  187'J : 

"  In  tile  November  number  of  Harper's  Ma.ijazine,"lr<77,  appears  an  article  entitled 
'Ten  years'  acquaintance  witii  Alaska,  l-(;7-77.'  Tho  authorshii)  is  correctly  as- 
cribed to  Mr.  Henry  W.  Elliott,  now  connected  with  the  Smithsonian  Institutio'ii  in 
subollicial  capacity.  This  j;entlemeu  was  formerly  a  special  af;ent  of  the  Treasury 
Deiiartnient,  inider  a  special  act  of  Con<,'rcsH,  ajiprovcd  Ajiril  '22,  Iri/I.  appnmted  tbi- 
the  i)arpo8(!  of  ascertaining  at  that  time  the  conditi<m  of  the  seal  lislieries  in  Alaska, 
rhe  haunts  and  habits  of  the  sesil,  the  preservation  and  extension  of  the  haheries  as  a 
sourceof  revenue  to  the  United  States,  with  like  information  respecting  tho  fnr-l.ear- 
ing  animals  of  Alaska  generally,  the  statistics  of  tho  fur  trade  and  the  condi'-iou 
of  the  people  or  natives,  especially  those  upon  whom  the  successful  prosecution  of  tL:0 
tisheries  ami  fur  trade  is  depi'ntlent. 

"This  rejjort  of  Mr.  Elliott  will  b(>  further  noticed  herealter,  and.  upon  the  thresh- 
old of  criticising  anything  he  has  written  upon  Alaska,  occasion  is  here  taken  to 
give  him  full  credit  for  his  valuable  contribution  in  regard  to  fur-seals.  It  i;>  to  bo 
regarded  as  authority  and  w(dl  conceived.  The  views  of  Mr.  Elliott,  however,  in  ref- 
erence to  other  nuitters  of  moment  ir.  t  he  Territory  are  ho  diametrically  oi)po,sed  and 
antagonistic  to  my  own  that  1  feel  constrained  to  review  some  of  his  statements,  glit- 
tering generalities,  and  the  wholesivle  method  with  which  he  brushes  out  of  existence 
with  his  facile  pen  and  ready  artist's  brush  anything  of  any  essence  of  valm.',  light, 
shade,  or  shadow  in  the  broad  expanse  of  Alaska  that  does  not  ecnfeirm  precisely  to 
the  rule  of  investigation  and  recital  laid  down  i)y  himself,  and  which  contradicts  his 
repeated  assurances  that  outside  of  the  seal  islands  and  the  immediate  denemlencie.'H 
of  the  Alaska  Conimercial  Company  there  is  nothing  in  Alaska. 

"  This  nuigazinc  artich?  Itears  a  sort  of  semi-olticial  indorsement,  its  authority  is 
not  denied,  and  with  this  exitlanation  for  using  the  na,me  of  Mr.  Elliott  in  connection 
iluirewith  a  few  of  its  crudities  and  nuditiei^  will  be  noticed." 

"Till-:  .si-:nsimveki'em  ok  .u-asica. 

"So  little  is  known  about  Alaska  that  whenever  any  thing  comes  up  in  Congresa 
relating  to  it  information  is  sought  wherever  it  can  readily  lie  found.  The  •  infor 
iuant'  is  ever  on  hand,  with  his  work  on  fur  seals  comfortably  tucked  uiiderneatli  hi.s 
left  arm,  to  impart  all  the  kno\\  ledge  extant  about  the  country,  '  for  he  knows  nioro 
about  Ala.ska  ttum  any  uum  living.' 

"  A  decade  has  passed  since  we  aei|uired  this  Territory,  and  for  a  decade  it  has 
atforded  employment  and  subsistenct?  for  its  present  sense-.,  "per:  but  the  nextdecado 
is  warming  into  natiovial  existence,  :>tid  it  is  about  tin  e  this  Imbbie  was  jirickedand 
the  bladder  not  quite  so  much  iiiltated. 

"lam  fully  aware  of  all  the  conse(|uences  to  be  dreaded,  tho  responsibility  as 
stisned,  when  rash  enough  to  dis|»nte  the  heretofcu'e  st'lf-established  authority  troni 
the  Arctic  Ocean  to  the  Portlaml  Canal. 

"This  man  seems  to  be  tho  natural  foe  of  Alaska,  jtrosecuting  and  iiersecuting  her 
with  tho  brush  of  tho  [lencil  and  the  pen  of  an  exitert  whenever  and  wherever  h(^  can 
get  ar.  audienc<>,  and  I  attribute  the  present  forlorn  condition  of  the  Territory  to-day 
more  to  his  ignoram-e  and  misre|)resentation  than  to  all  o^her  causes  combined.  Ho 
is  accused  of  being  tiie  paid  creature  and  hired  tool  of  tiie  Alaska  Conunercia!  Com- 
pany, and  belonging  to  them  body  and  soul.  I  have  made  diligent  iu(|iiiiy.  and  as- 
certain lie  is  not  in  their  emjdoy,  and  furthermore  they  rejindiate  the  ownership. 
They  should  not  bo  iield  responsible  for  the  indiscreet  ntterings  of  the  sense-keeper, 
notwithstanding  the  charge  of  ownership  might  cau^e  him  to  be  mcu'c  readily  listened 
to. 

"Doubtless  when  they  have  been  att.K'ked  through  tho  c;)lumns  of  the  pre.s.-i  they 
have  emjiloyed  this  iinlividual,  who  is  umitu^stionably  possessed  with  the  idciicthcn 
•^'■liheiidi  to  reply  to  unjustiliable  ouslauiihts.  and  paid  him  l'(U'  it.  as  they  would  any 
other  penny-liner  who  nuikes  littnatnre  ai;d  writing  for  the  (U'css  his  profession.'" 

His  evidence  in  1H8S  is  open  advocacy  of  tin?  I'nitcd  State.s"  conteTition.  Hi.s 
writings  and  reports  j)rior  to  the  dispute  will  be  referreil  to,  and  it  will  be  submitted 
that  his  statements  and  experiences  before  l^r*S  hardly  support  his  later  theories.  His 
statement  on  page  17  of  the  appendix,  that  wounded  .seals  swim  away  to  perish  at  a 
point  never  to  be  seen  again  is  contradicted  by  the  last  witness,  Mr.  Mclntyre,  who 
idcked  bandfuls  of  b'lckshot,  etc.,  out  of  seals  clubbed  on  the  islands.  His  theory  of 
tho  dilHcnlty  of  shooting  seals  is  contrary  to  the  known  inactiee  of  the  hunters  to 
creep  upon  the  seal  as  it  lies  floating  in  the  calm  waters  <d'  the  sea  and  by  his  own 
te.-^tlniony,  before  (piottMl,  of  the  unerring  aim  of  the  Indian  In;nteis. 

Mr.  Tiiigle,  an  agent  of  the  'I'reasnry,  in  charge  of  the  fur-.seal  islamls  from  April, 
1"^"^'),  to  August,  18Hi,  is  (juoted  by  Mr.  Hlaine  (appendix,  p,  17). 

Mr.  Tingle  is  not  able  to  go  so  far  as  Mr.  Mclntyre.  although  he  was  at  the  islands 
ill  ISfii)  (evidence,  p.  If);?),  but  he  stated  '^  there  has  been  a  ^liijlii  diminution  of  seals, 


36 


SEAL    FI.SHEKIES    OF    BEIIRING    SEA. 


I! 


( h 


l)rol>al)ly.''  He  estimated  ;!().00ii  wore  taken  by  'iiaraiiders,  and  to  do  tliis  he  guesses 
that  r>0(r,(»00  were  Uiileil.  Tliin  ^t'litltMnaii,  as  an  agent  of  the  Treasury,  was  oonlined 
to  tlio  ishinds  during  his  ti'iiuie  of  oltiec  levidt'iice,  ji.  ^'>'.\). 

He  leases  his  contention  on  tlic  log  ot  a  maranciing  schooner  wiiich  fell  into  liis 
liands.  This  log  was,  it  nuiy  he  remarked,  not  lUddnced,  and  no  excuse  is  given  for 
■witliholding  it.  He  produced  what  he  .said  was  a  cojiy.  As  liis  opinions  are  based 
ni)on  tlii.,  curious  statement,  his  testinmny  can  hardly  he  seriously  pressed.  H"  t  -s- 
tilied  to  insolenc(>  of  sealers  when  seized,  though  he  does  not  aj)pear  to  lur. e  been 
jireseiit  at  any  ot  the  seizures.  The  log-I)0()k,  it  should  be  oliserved,  is  said  to  have 
belonged  to  the  .Iniitl  IhiDij. 

Tills  is  not  the  mime  of  a  Canadian  sealer,  and  it  may  here  be  stated  that  no  Cana- 
dian MCivler  has  ever  been  found  \vithin  the  H-niile  limit.  'J'lie  o]>era1ions  on  the 
schooner  .liii/il  IidVij  must  have  lieeii  rather  exjiensive,  and  they  do  not  ciu'roborate 
the  ;illegaiion  that  large  catelu's  weri'  nuide,  since  three  hundred  loiinds  of  aniniuni- 
tion  (Mr.  Tiiigle  said)  were  wasted  for  the  capture  of  one  seal.  Another  sujiiiosed 
entry  in  the  log  is  most  extraordinary  for  the  captain  of  a  sealer  under  any  circum- 
stances to  make.     'J'lie  statement  referri'd  to  is  as  follows: 

"It  is  very  diseo'iraging  to  issue  a  largo  quantity  of  aniuiunltion  to  your  boats  and 
]la^■e  so  few  seals  n'l'irned," 

There  is  not  a  magistrate's  court  in  the  country  that  wtnild  list(>n  to  this  oral  testi- 
mony as  to  the  contents  of  a  log,  A  reference  to  this  i>retended  log— a  copy  of  a 
jiortiou  thereof  only  being  ])rodiiced  by  Mr,  Mclntyre  (p,  '.\M  of  evidence) — sliows 
that  tlie  captain  had  an  exceiitionally  bad  crew.  The  captain  described  them  in  the 
following  terms;  •'Tin;  hardest  set  of  hunters  in  Hehring  Sea;" /it;  "never  will  he 
caught  with  such  a  crowd  again  :  they  are  all  a  .set  of  curs."  The  captain  added, 
liowever,  that  if  "we  only  had  hunters  we  would  be  going  home  now  with  1,500  skins 
at  the  very  least ; "'  and,  from  the  log,  it  would  appear  that  he  had  lo  regular  hunt- 
ers on  board.  It  is  worthy  of  remark  that  the  statements  made  by  Mr,  Tingle  re8])ect- 
ing  the  entries  in  this  alleged  log  are  not  continued  by  an  inspection  of  the  transcript 
Mr,  Mclntyre  produces,     (On  j).  :f:!'2  of  evidence. ) 

Mr,  Tingle  contradicts  Mr.  Mclntyre  regarding  the  numbe;-  of  seals  on  the  island. 
He  states  (ji.  hV2,  evidence)  that  there  had  been  an  increase  of  seals  since  Mr.  Elliott's 
cor.nt  in  lf;T(>  of  'JjKfTj.'jOo.  He  expre.s.sed  natural  a.stonishnu  nt  (p.  103)  at  the  state- 
jiieiit  of  Mr.  Elliott  regarding  a  decrease.     He  says: 

"  1  am  at  a  loss  to  know  how  Mr,  Elliott  gets  his  iuformation,  as  he  has  i-.otbeer 
on  th(^  islands  for  fourte<'n  years." 

Pushed  by  the  chairman  of  the  committee  by  the  f.illowing  question,  viz,  "It  is 
Mr,  Mclntyre's  opinion  that  they  have  not  only  not  increased  but  have  decreased," 
the  witness  in  re])lv  stated  that  "there  has  been  a  alight  dinuinitiou  of  seals,  nroh- 
ahln." 

The  next  authority  (luoted  by  the  ruited  States  is  William  Gavitt,  a  .special  agent 
of  the  Treasury  at  .St.  <<eorge  Island  from  May,  18-i7,  to  August,  l&~d.  'Ihe  evidence 
of  this  witness  is  not  referred  to  at  a:iy  length  by  Mr.  Ulaine.  The  witness  testified 
before  the  Congressional  committee,  however,  that  ihe  employt^s  of  the  company 
(the  lessees)  did  not  reHi)ect  the  laws  of  (iod  or  man.  He  named  particularly  Mr. 
Wi'bster,  Doctor  Luty,  .John  Kirk,  and  .lohu  Hall  (p.  180),  And  he  added  that  the 
rules  of  the  company  were  violated  (p.  l-l  1.  The  committee  haudled  this  witness 
rather  roughly,  Mr.  .Jelfries  .saying  to  him  ([>.  ISS): 

"You  had  better  understand  what  yon  are  talk'ng  about." 

On  page  I'Jl  he  rebukes  other  otiicers  of  the  Treasury  who  had  testilied  positively 
ti>  matters  without  the  n;eaiis  of  knowledge,     "]  »ie  witness  was  aske<l  : 

"  What  was  the  result  of  your  observations  and  opinions  that  you  deem  reliable  in 
reopect  to  tlie  unlawful  killing  of  seal  annually  .'  " 

The  witness  answered  that— 

"  We  have  no  mcdits  of  knowing  that," 

He  was  then  jtres.sod  in  this  way  : 

"  It  is  a  nuMe  matter  of  estimate,  of  cour.se,  but  I  wish  it  based  upon  as  reliable 
inforiuation  as  you  liave." 

When  tlie  witness  said— 

"  I  think  the  lirst  sea.son  the  revenue-cutter  captured  l.'),000  stolen  skins  (p.  191)  ; 
Avhere  they  were  stolen,  irhetlier  in  the  sea  or  out  of  it,  no  (ujent  can  Inith/nUi/  aoi/." 

He  also  showed  that  the  b'ssei"  of  the  islands  werenot  sojiartienlar  as  otiieragcnts 
pretend,  wlien  he  tells  lis  {]•.  191)  that  they  bruughr  from  the  natives  at  (Jonalaska 
0,00(1  seals  killed  liy  them  there  (p.  19()),  The  United  States  i)uts  forward  this  otTicer 
as  a  reliable  witness,  and  it  is  therefore  but  fair  to  attach  importance  to  a  state- 
ment which  weakens  the  force  of  the  ex  parte  statement  and  opinion  of  the  special 
agents  sent  from  time  to  time  to  the  islands,  and  wlio  have  now  Ijeen  brought  for- 
ward on  behalf  of  the  United  States  as  witnessess  in  support  of  a  ca.se  which  coucerus 
not  merely  the  Government,  but  most  directly  the  lessees.  The  witness  states  that 
one  of  the  empioy<5s  of  the  companv  told  him"  that  when  a  Government  oflicer  came 


SEAL    FISHERIES    OF    BEHRING    SEA. 


37 


u esses 
11  fined 

ito  liis 

•en  for 

Itased 

4"  t  -s- 
e  been 
[)  have 


there  and  tfot  alonj;-  with  the  eonipany  it  was  prolitaMc     Ui)im  licinj^  aslvcd  by  tlie 
coinniittee  before  whom  ho  was  iziviiifi  evi(h"iu'e  to  uxplain,  lie  replied  that — 

"A  man  conhl  draw  two  sahiries,  like  .Mr.  Falkner  and  Judfje  Gliddeu— one  from 
the  (iovernment  and  one  from  tiie  ronniany."    (  V.  lUl.; 

Mr.  Moultoii's  evideree  is  next  presented  (p.  It)  of  appendix).  He  was  a  (iovern- 
ment aj;ent  from  1-77  to  f-i^r).  He  .said  tliat  tlere  was  an  apparent  iiicrea.se  (hiring 
the  lirst  live  years,  (.  a.,  to  188i2,  then  a  decrease  to  I'jr-u.  (Evidence,  ]>.  "iu.').  I  In  this 
.•statement  he  lias  been  contradicted  liy  oftieial  reports,  as  will  lie  shown. 

The  witness  admits,  liov/over,  that  female  seals,  aftt-r  uivin^;'  birth  to  tlieir  youiiii, 
^caller  out  in  Hehrinij;  Sea  ;  and  he  isof  opinion  that  lawh-.-is  hunters  kill  al'  they  tiiid, 
and  tlmt  tliey  lind  mothers  away  from  their  imi>lines.  No  s[iecial  ici'.soii  ('(ir  this 
iij.inion  is  jiiven,  however. 

A  sailor.  Edward  .Shields,  of  Vancouver,  formerly  on  the  sealing-  schooner  Caroline, 
i>  said  to  have  testilictl,  where  and  when  it  is  notstated  i\;.  •:>()  of  api)endi.\  to  Mr. 
15I;iine'8  lett<'r),  that  in  1^'8()  out  of  (".■^(i  seals  taken  by  tiie  CaroVme  the  seals  were 
ehiclly  females.  I'pon  this  it  maybe  saiil  that  it  is  the  custom  amon>j  hunters  to 
(dass  all  seals  the  skins  of  which  are  the  size  or  near  the  size  of  the  female  as 
■' females."  for  their  jjiiidanco  as  to  the  ([uality  of  skins  in  the  catch.  It  may  also 
be  remarked  that  it  (hies  not  appear  tliat  these  females  were  in  milk,  and  this  is 
always  known  when  .skinniii"'  the  .seal.  "Dry  cows'"  are  caiiglit,  as  has  been 
a<lniitte(l,  and  taking  this  evidence,  given  ef  inirte  as  it  was,  it  is  at  best,  if  true,  an 
exceptional  ca.se  in  a  very  small  cattdi. 

Mr.  Gliddeu  was  recalled  by  the  committee,  and  exi)lained  that  his  estimate  of 
4ii,i)0n  skins  was  ba.seil  on  uewspa|)er  reports  of  the  catch  of  the  sealers.  He  was,  of 
course,  unable  to  show  how  many  of  these  were  taken  near  the  Aleutian  Islands,  in 
the  North  Pacilic,  or  on  the  west  coast  of  British  Columbia,  or  in  the  I'uget  Sound, 
but  he  evidently  credits  the  whole  estimated  catch  to  Behring  Sea.  Ciuserjueiitly 
he  was  of  opinion  that  sealing  in  Behring  Sea  shonM  lie  ended,  to  lead  to  tht^  better 
preservation  of  seal  life. 

It  is  to  be  observed  that  not  one  of  these  witnesses,  whose  opinions  are  relied  upou 
both  as  to  the  catch,  the  liabits,  and  sex  of  the  seal  in  deen  water  and  tlie  uu'thod  of 
'  >.iting,  etc.,  has  had  any  experience  as  a  hunter  or  with  hunters.  They  were  not; 
•  <_)  rts.  They  were  .sent  to  the  islands  to  see  that  the  lessees  jiertormed  their  obli- 
.:ations  as  covenanted  in  the  lease.  The  experience  id"  most  of  them  was  limited  to  a 
few  years'  residence  <ni  tl'.e  seal  islands,  associated  with  and  under  the  natural  iutiii- 
ence  of  a  company  ad:nitteilly  a  monoiioly  and  desirous  of  restricting  the  catch  so  as 
to  control  the  ina''ket  of  the  world  as  tar  as  seals  are  concerned. 

None  of  the  witnesses  w(>re,  moreover,  submitted  to  a  cross-examination,  and  they 
were  to  »  large  extent  led  by  the  examiners  in  tlie  rpi'stions  put  to  tliem.  Tlie  only 
facts  that  were-  possibly  within  their  knowledge  relate  to  seal  life  on  the  islands,  to 
the  mode  of  killing,  and  to  the  times  when  killed  there,  and  to  their  habi'.s  when  iu 
and  upon  the  rookeries. 

The  opinions  of  the  geutleuien  giv(>n  before  the  Cougressioual  commictee  iu  IS.SS 
for  the  most  part,  though  sometimes  contradictory,  are  iu  favor  of  the  under-meu- 
tioued  theories ; 

(1)  That  the  female  .seals  while  nursing  tlieir  young  g<J  great  <listances  in  search 
of  food. 

("2)  That  wh'Mi  out  a  great  distance  female  seals  are  shot,  and  the  [lups  on  shore  are 
lost  for  waric  of  their  mothers'  care. 

{'•\)  Thai  the  greater  part  of  the  catcli  iu  Behring  Sea  is  nuide  np  <if  female  seals. 

(4)  Th  ,,  (iiedestriiction  of  the  seals  wiieu  hunteilou  the  sea  is  great  iu  eonsenuenco 
of  u!!H'  ,    •,(  -iT^r^of;  seals  being  lost. 

All  '■  'itOM  ( !.  dnions  are  put  forward  iu  support  of  the  main  proposition  of  the 
Uniteci  S»  ,;•-,.  i  .  ,  that  since  IcS'J,  and  especially  since  I'Ht,  the  number  of  seals 
usually  colk  ■  Irg  on  the  l»reeding  ground  has  constantly  diminished. 

The  Jauadi..'.!  •  .uvernment  joins  issue  uiion  this,  and  the  eonuter  assertion  is  made 
that  there  has  been  no  appreciable  diminution  of  seals  fre(|iien'ing  the  roftkeries,  ••ind 
it  is  claimed  that  the  seals  are  mor«  numerous  ^"ul  iiioie  valuiHile  up(ui  the  rookeries 
ro-daythan  ever  in  their  'irevious  history:  that  this  is  the  fa.;t  notwithstanding  the 
rookeries  have  bee.i  for  t\-'enty  years  practically  unprotected  from  freciuent  and  most 
dangerous  raids  upon  the  actual  breeiling  grounds  "^ud  'aauy  other  injuries,  all 
within  the  control  of  th  :  Government  ot  the  rnited  State.s,  as  iiereinafter  sjiecitied: 

The  Canadian  Government  assert.s  that  the  seal  life  upon  the  islands  can  not  only 
lie  maintained,  but  greatly  increaseti,  bv  the  adopticm  on  the  part  of  the  United  State,s 
of— 

Fi.M'    An  efficient  means  for  the  patrol  and  jiiotection  of  the  islands. 

Sic^    u.  ]*v  the  jirohibition  of  the  killing  of  pups  Iiy  the  natives  for  food. 

Tb't'-  reii'.oiug  the  number  of  yearling  seals  to  be  killed  by  the  lessees. 

Fouriu.  By  not  iiermitting  any  killing  of  seals  upon  the  islands,  except  in  July, 
Augu.st,  and  September. 


38 


SEAL    FISH F.R IKS    nF    15FIIRI.\G    SEA. 


Fifth.  J5y  i)rcvoiitiiij;-  tlie  Aleuts  fioui  killinj;  seals  on  their  iiuj^ralioii  through  tho 
Aleutian  Islands  on  their  way  to  ami  trotn  t.ie  hreeding  frntunds. 

In  Mr.  Hlaine's  disitatc'h  to"  Sir  Julian  Fanneelort.  of  llie  •JTtli  of  January.  18t>0,  he 
])roceeds  iinon  a  somewhat  dillVrent  lii'onnd  tlian  the  evidence  ahcads'  reviewed,  in 
onler  to  show  the  necessity  for  )U()hil)itii)n  of  sealing  in  tho  waters  of  Uoliring  Sea. 

The  </ y/(w/(  I'vidence  liefore  tlie  Con^^i'.essional  eonunittecs  satislied  that couiinittee 
that  "  tlie  i)iesent  iiiiniher  of  seals  on  St.  Paul  anil  St.  (ieorn'e  Islands  has  materially 
diminished  dnrinf;-  the  last  two  oi' three  years,"  viz.,  from  lf6i)  to  If^Si),  while  Mr. 
Mclntyre.  whose  ovicU-nee  is  so  nineh  relied  upon  by  the  United  State.s,  dates  the  dc- 
erc^asc  from  l-r^'J. 

Mr.  lUaine,  however,  adoi>ts  the  view  that  the  rookeries  were  in  prime  eondition 
and  nndiminished  until  IfS.'),  when,  as  he  says,  Canadian  sealers  made  their  advent 
into  Jielirinji  Sea  and  the  injury  henan. 

It  istherefoie  inii>()rtant  to  point  out  that  the  ojierations  of  tlie  Cana'nai;  senlc-rs 
were  absolutely  harmless  eomiiared  with  the  numerous  dejtredations  upon  the  ishuuFs 
for  the  last  century,  which,  however,  have  not  yet  l)e{,un  to  atlect  the  value  and 
number  of  s(>als  on  these  wondeiful  rookeries. 

Already  evidence  has  been  cited  in  this  paper  establi.shing  the  fact  thai  extraordi- 
nary slaughter  occurred  prior  to  iS'O,  and  that  after  ail  this,  when  the  total  number 
of  seals  on  St.  Paul  am'  St.  (George  Islands  was  admittedly  loss  than  now,  it  was 
deemed  safe  to  jiermit  10U,oOO  male  seals  of  one  year  or  over  to  be  killed  annually  for 
twenty  years,  etc. 

In  18711  Collector  Phelps,  of  San  Francisco,  reported: 

*'  I  am  assured  the  taitiro  number  taken  south  of  the  islands  of  St.  George  and  St. 
Paul  will  aggregate,  say,  10,00t)  to  20,000  per  anunm."  (H.  K.  Ex.  Doc.  No.  35,  44th 
Cong.,  Ist  sess.) 

The  Acting  Secretary  of  the  Treasury  Department,  in  September,  1870,  gave  per- 
mission to  the  company  to  nse  tire-a  .-  ''")•  »roieciiou  of  the  islands  aqaimt  marauders. 
(H.  K.,  44th  Cong.,  Ist  s"ss.,  Ex.  Doc.    •  ) 

In  187'J  Collector  Pheli)s  to  Mr.  Sec«.  Houtwell  reports  ex]iedition  fitting  out 

iu  Australia  and  Victoria  for  sealing  in  ]•  <'ing  Sea  with  the  olijeet  of  capturing 
seals  on  their  migrations  to  and  from  St.  Paul  and  St.  George  Islands.  Secretary 
Botitwell  did  not  consider  it  expedient  to  interfere  with  these  ojterations  if  they  were 
carried  on  3  miles  from  land. 

In  1874  Mr.  Secretary  Sawyer,  writing  to  Mr.  H.W.  Elliott,  referred  to  British  ves- 
gels  taking  fur-seals  in  United  .States  watersandto  the  seals  becoming  more  numerous. 

In  l>^7r>  Mr.  ^^'illiam  Mclntyic,  an  assistant  agcnit  of  the  Treasury,  describes  hav- 
ing been  told  tliat  the  crew  of  the  schooner  Cuf/tiet,  as  she  lay  at  anchor  in  Zapadnee 
Bay  in  1874,  were  shooting  seals  from  the  deck,  skinning  them,  and  throwing  the 
carcasses  overboard,  which  was  alarming  the  seals  and  driving  them  from  their 
breeding  grounds.     And  he  said  : 

"I  wIsIkmI  to  give  the  ea]itain  of  the  vessel  timely  warning  before  ])roceoding  to 
harsh  measures.  I  had  armed  the  natives  with  the  intention  of  rejtelling  by  force 
any  tUlcmptu  to  kill  tical  on  tlw  nuiketics  oy  nitlii)i  rijic-slioi  oj  the  nhore,  if  the  ci'ews  still 
l>ersisted  in  doing  so  alter  tlie  leeeiut  of  my  letter  to  the  cai)tain." 

He  described  the  operations  of  the  r,i/.'/«fMinder  the  elitf  near  the  rookery,  which 
alarmed  the  seals  .so  that  they  hit  the  mokery  in  large  numbers.  (Ex.  Doc.  No.  83, 
]).  V-i4,  44fh  Cong.,  1st  sess.) 

This  vessel  is  again  rejiorted  hy  Special  Agent  Bryant  in  May  I'-l,  187,').  (Ex.  Doc. 
83,  1).  l'2r),  44th  Cong.,  1st  sess.) 

From  H74  to  1~'78  Mr.  I'\  J.  Morgan,  attorney  for  the  Alaska  Company,  was  on  the 
islands  duriiig  the  years  18(>8,  l~ti'.t,  and  from  1-74  to  1"'78.  Ho  speaks  of  several  raids 
upon  tlu'  islands  in  his  time,  an<l  he  s.ays  the  whole  (|uestion  is  one  or  more  cr»i.s('rs  to 
2>roi<(t  the  rookeries  o)i  the  iflaiid-^.     (H.  K.  Ex.  Doc.  3883,  .')()th  Cong.,  \\\i.  r)8,  71,  lOit.) 

In  l"^7r)  the  evidence  of  Darius  Lyman  contains  the  following  information.  (Ke- 
port,  Committee  on  \A'a,ys  arid  Means,  House  rej)ort  No.  ()'i3,  44th  Cong.,  1st  sess.) 

Answering  Mr.  Buichaud  as  to  what  he  knew  about  the  seizure  of  the  Satt  Dieyo, 
Mr.  Lyman  replied  : 

"There  was  a  seizur(>  made  of  the  Sau  JUtf/o,  a  schooner,  near  St.  Paul  Island  on 
the  !27th  of  .July  last  (1-7.")),  on  lioard  of  whicli  were  Ldt'.d  fur  seal  skins.  The  San 
Jiiei/o  was  sent  down  to  California,  an<l  arrived  there  in  August." 

Un  page  73  of  the  same  rejjort,  Mr.  Elliott,  in  answer  to  Mr.  Chajjin,  says  that  the 
skins  taken  from  the  San  Divj/o  were  from  Otler  J.iland,  one  of  the  letised  group. 

In  I8f0  Mr.  Mclntyro  reported  the  estinnited  annual  slaughter  of  r),U(i<i  pregnant 
females  on  the  British  Columbia  coast. 

From  reports  of  Special  Agent  Ottis  and  Captain  Bailey  re.speeting  the  people  of 
Alaska  and  their  condition  (Senate  Ex.  Doc.  1'3'2,  4()th  Cong.,  2d  sess.,  vol.  4,  p.  4), 
Captain  Bailey  says : 

'•During  April  and  May  all  the  coast  Indians,  from  the  mouth  of  the  straits  of  Fnca 
to  the  north  end  of  Prince  of  Wales  Island,  tind  profitable  employment  in  taking  fur- 


di> 

: 

nu 
Ml 

isli 
Ju 


. 


SEAL    FISHERIES    OV    JJEHRING    SEA. 


39 


Doc. 


6falH  whicli  scoii\  to  ho  maldiiu;  the  passai;*!  alont;  tlic  coast  to  the  nortli,  liciiii;  jirolt- 
ably  a  portion  of  tlic  vast  iimiiluT  tliat  liiially  coiij;n  ;i;at('  at  tlu'  Seal  Jslamt  later  in 
tlie  season.  1  am  infornicil  hy  the  Iiidiaiis  that  niosf  ot  the  seals  tai<en  aloiii-- tliis 
coast  are  feinah's,  and  their  skins  tind  a  market  at  the  varions  HikIsoii  J5ay  posts." 

On  jiajro  :V1  of  llie  same  report,  in  a  list  of  t^he  vessels  l)oar(led,  lio  j^ives'the  I'nited 
States  schooner />f>/e/rt,  Dexter  master,  seized  at  the  .seal  islands  hv  Special  Ageut 
Ottis. 

In  a  report  by  Special  (Jommissioiier  Ivan  Petrol'f  in  the  year  Ir'rix),  he  says : 

"Ah  tlicso  seals  i)ass  up  aud  down  the  coa.st  as  far  as  the  Straits  of  Fu'ca  and  the 
month  of  Columbia  Hi\cr,  ipiito  a  nnmlier  of  tliem  are  seciirei]  by  hn:iters,  who  slioot 
(M' spear  them  as  they  iind  them  asleep  at  .sea.  Also  small  vessels  are  litTed  out  in 
San  Francisco,  which  ns^nlarly  eriiise  in  these  watm-s  for  the  piir])ose  alone  of  shoot- 
ing; sleepiii"^  seal."    (II.  11.  lis.  Doc.  No.  40,  -Kith  Coiifj.,  ;5d  sos ,.,  vol.  1-,  ]).  ().">.) 

At  page  (il  of  the  same  rtjport  this  oflicer  speaks  of  the  natives  .secnring  ],"<iO0  to 
1.400  yonng  fnr-seals  in  traiifiitn  through  Oonalga  Pass. 

.Special  Agent  D.  B.  Taylor,  in  18sl,  states  that  the  company  was  i)owerless  to  ])ro- 
tect  the  islands,  btu  tliat  if  n  havhor  was  hiiUt  and  a  att'am-laitncli  stationed  at  each  ixland 
thtj/  could  be  protected.  He  states  that  vesseN  (/n  to  the  inlands  aud  Lill  lo.OOu  to  1.').000 
((  ucar,  aud  that  one  tiundred  vchhcIs  hare  keen  prowlinq  about  thene  inlauds  for  Iwentij  iieam, 
(U.  R.  Ex.  Doc.  No.  :3^"^:{,  fjOth  Cong.,  p.  58.) 

Mr.  Treasnry  Ageut  H.  A.  Glidden.  who  was  on  the  islands  from  I'^S-^  to  1855,  show.s 
lliat  the  tronble  isnt  the  inlauda.  The  hnnters  go  there  on  moonlight  nights.  He 
stilted  that  he  took  possession  of  a  vessel  while  the  crew  were  on  shore  killing  seals. 
The  Government,  he  goes  on  to  say,  did  not  keej)  vessels  there  in  his  time,  and  he 
recommended  that  a  revenue  cutter  should  be  kept  there  to  guard  the  islands.  (H. 
R.  Ex.  Doc.  :}88:J,  oOth  Cong.,  p. -28.) 

Prior  to  tlie  decision  of  the  I'nited  States  to  arrest  vessels  ontsidi'  the  o-mile  limit 
in  Behring  Sea  experience  had  shown  that  the  jxtlice  fort  i  at  the  islands  could  not 
protect  them  from  raids.  This  is  illnstrated  in  a  letter  from  tln^  Secretary  of  the 
Treasnry,  Mr.  W.  McCnlloch,  dated  the  24th  of  February,  1885,  wherein  be  recom- 
mends that  825,000  be  obtained  for  the  protection  of  seals  and  the  enforcement  of 
the  laws. 

"The  seal  fisheries" — 

He  states — 
''yi<!ld  annually  to  the  Government  <a  revenue  of  .about  .S:>00,000.  The  islands  on 
which  the  seals  are  taken  are  protected  from  incursions  ot  marauding  vessels  alone 
through  the  cruising  of  the  revenne-cntters.  Last  year  the  ofliccrs  of  the  Corwin 
seized  a  schooner  engaged  in  taking  seals  unlawfully.  Without  the  use  of  cutters 
the  fur-seal  industry  has  no  protection." 

The  letter  clo.ses  by  asking  for  §25,0(10  '•  in  the  estimates  for  next  vear."  (H.  R.  Ex. 
Doc.  252,  48tli  Cong.',  2dse.ss.,  vol.  29.) 

September  1,  1884,  the  Hamburgh  .schooner  Ji/c/t  w\as  seized  for  violation  of  section 
1056,  Revised  Statutes  United  States. 

In  1884  Captain  McLean,  master  of  the  schooner  .)farii  Ellen,  was  in  Behring  Sea 
from  the  8th  of  July  to  the  22d  of  August.  He  took  2,007  .seaLs,  and  was  not  inter- 
fered with.  (See  his  declaration  under  act  for  the  suppression  of  extrajiulicial  aud 
voluntary  oaths.) 

Mr.  George  Wardman,  an  officer  of  the  United  States  Government,  was  at  the  seal 
islands  May,  1885.  He  was  also  there  in  18TU,  and.  in  addition  to  his  evidence  before 
the  Congressional  committee,  he  has  rej^orted  to  his  (ioverninent  and  has  written  a 
book  upon  Alaska  and  Hehring  Sea,  •'  Wardman's  Trip  to  Alaska,"  publislied  in  1884. 
At  page  116  of  this  is  given  an  account  of  the  raiding  of  Otter  Islands  aud  the  conse- 
qnont  request  for  a  revenue-marine  guard  at  that  ])lace  during  the  sealing  sea.son, 
which  was  granted. 

In  1885  Captain  McLean  again  vi.sited  Behring  Sea  in  the  Marn  Ellen.  He  was 
there  from  the  4th  of  July  to  the  :$d  of  September.  He  took  2,300  seals,  and  was  not 
interfered  with. 

Captain  Healy,  in  reporting  on  the  cruise  of  the  Corwin  in  the  Behring  Sea,  in  1885, 
when  speaking  of  the  seal  fisheries,  said  : 

"  During  the  year  qii  te  a  number  of  vessels  have  raided  Alaskan  waters  for  seala 
aud  other  fur-bearing  animals."  (H.  R.  F\.  Doc.  No.  15;],  4'.>th  Cong.,  1st  sess..  vol. 
32.) 

In  188(1  the  governor  of  Alaska,  in  his  report  for  that  year  (p.  4:i).  states  that  an  in- 
discriminate .slaughter  was  carried  on  pievious  to  the  seizures  of  18S5. 

In  1886  Special  Agent  Tingle,  to  Secretary  Fairchild,  congratulated  the  Govern- 
ment on  the  arrest  of  the  San  Diego,  which  he  called  "  an  old  offender."  "This," 
Mr.  T'agle  remarked,  ''will  do  much  t)  break  up  inarauding  h\\^\mifin  around  the 
islands,"  He  further  urged  the  Government  to  keep  a  cutter  about  the  islands  from 
July  1  to  the  iHt  of  November. 

The  above  references,  it  is  submitted,  establish  conclusively  the  defenseless  con- 


■s^^i^m^nm 


40 


SEAL    FISHERIES    OF    HEHRING    SEA. 


H 


(litioti  of  the  isliUulH  Iniin  tlu' tl»ii»r<  ilatidusot'  tin;  iiiariuultT.s  or  poachers  upon  the 
r„okerie,H  (not  one  lieiii^  a  C'aiu  •liaii;  I've""  since  tlie  iMhinds  cauie  into  the  posses- 
8iou  ot'tiic    I'nitcd  States. 

Mr.  IJhiine.  in  his  dispatcli  of  the  "i/th  of  January,  li^'JU,  remarks  that — 

"  I'roeeedinji  liy  a  close  c.liedience  to  the  hivs  of  nature,  and  ri<;idly  limiting;-  the 
nunilier  to  he  aiinuiiliy  slaiijihtercd,  the  Gcveniinent  succeeded  in  incrcasinji  the 
total  nnnil)cr  of  seals  and  adding'  conenpoiidinjjly  ami  larj;cly  to  the  value  of  the 
lisheries. "' 

And  in  ti)e  8anu>  dispatch  he  speaks  of  the  profitiible  pursuit  of  this  husiue.ss  down 
to  the  ye;ir  ]'^tH\. 

To  show  that  at  the  i)iesent  time  the  valin>  of  the  I'^hmdsis  {iireater  and  their  eon- 
ilition  is  hctter  than  ever,  it  is  only  necessary  to  olistrve  that  while  the  late  lessees 
paid  to  the  tiovernnient  of  the  rnitetl  States  an  annnal  rental  of  s.'iO.ouo  in  addition 
to  N'i.fl'^A  per  skin  for  the  total  numliei-  taken,  the  oHers,  when  the  islands  were  put 
tip  for  coni])eti  tion  in  l-'.'O,  were  enoniiously  exceeded,  as  will  lie  seen  on  reference 
to  a  scheduUi  of  the  jirojiosals  submitted  to  the  United  States'  Treasury  Department 
iu  response  to  the  advertisements  of  the  Treasury  iiivitinj;  offers  for  the  privilej^es, 
dated  Iteeember  ti4,  18Kt,  and  I'ebriiary  vIO,  ISW. 

Upon  reference  to  the  evidence  before  the  Conj^ressional  committee  (H.  K.  No. 
3^8;i,  oUth  Uoug.,  'id  sess.),  it  will  be  seen  that  "the  Government  now,  uithont  i(n\j 
cure  Of  risk,  yets  s;{17,00(i  a  year  for  the  lease.  "  And  at  paj-e  W  of  the  same  report 
it  is  stated  that  the  annual  income  fiom  skins  to  the  Government  was  .'•ol'.i,":}!'^,  and 
that  iu  sixteen  years  the  United  States'  Government  received  from  the  Alaskan  fur- 
seal  industry  ^p'.'Ju:!,/?*;. 

Ii  is  further  stated  that  the  Government  hati  tluMi  already  been  repaid  the  cajutal 
Hiim  paid  for  the  whole  Territory  of  Alaska,  and  more,  with  "  her  many  varied,  and, 
as  1  believe,  incomparably  j^reat  national  resources,  to  represent  the  investment  of 
capital  tirst  made. " 


FIFTH.— THE   RKCEII'TS   AND   EXTEN-SES   OF  THE  GOVEUXMENT  OX  ACCOUNT   OF   SAID 

COXTHACT. 


Vi 


"The  total  amount  paid  by  the  lessees  on  account  of  said  contract  up  to  June  :!0, 
1888,  inclusive,  was  ;?.">, i")!)/,  100.  The  total  amount  expended  by  tlu!  Government  dur- 
in<r  the  same  period  was  about  S!>r)0,000  for  salaries  and  traveling  expenses  of  agents 
of  the  Treasury  De[iartment  at  the  seal  islands,  and  about  .Sir)O,O0(l  for  the  revenue- 
cutters  cruising  Alaskan  waters. 

"  To  the  amount  alreadj'  received  direct  from  the  company  should  be  added  the  sum 
received  by  the  United  Sjtates  from  customs  duties  on  Alaskan  dressed  seal-skins  im- 
ported from  Euro[>e,  amounting  to  ^slV'-^f^'"^')  to  which  should  be  added  the  sum  of 
SuO'<i,"('tt  customs  duties  on  imported  seal-skins  taken  by  said  company  under  its  cou- 
tract  with  Russia,  making  an  aggregate  amount  received  by  the  Government  on  ac- 
count of  this  iiuliistry  of  .$9,r)'.*."),2li:5,  being  )<'i,[V2'y,28'.i  in  excess  of  the  amount  paid  to 
Russia  for  the  Territory  "  (Rei)ort  of  Congress,  1888.) 

It  can  now  bo  shown  how  nuirveloiis  '  is  been  the  increase  of  seals  on  these  islands, 
notwithstanding  the  absence  of  the  protection  to  the  lookeries  and  U-nule  Hunt, 
whether  around  the  islands  or  at  the  different  passes  in  the  Aleutian  range,  w  here 
the  breeding  seals  in  pu]>  go  twice  a  year. 

In  18(Jit  Special  Agent  Hryant  esti united  the  number  of  seals  to  be  as  follows  (41sb 
Cong.,  3d  sess.,  No.  32,  Senate,  p.  7) : 

On  St.  Paul  Island 1,152,  OOO 

On  St.  George  Island 57<),  000 

Total 1,728,000 

In  1874  Mr.  Elliott,  after  examination,  estimated  the  number  of  seals  to  be: 

On  Sr.  Paul  Island 3,030,000 

On  St.  George  Island 103,420 

Total 3,  l'J3,42() 

Exclusive  of  non  breeding  seals,  and  adding  those  to  the  estimate  of  Mr.  Elliott 
just  (|UOted,  he  himaelf  said  that  the  total  would  reach  4,700,000. 

In  1884,  long  after  the  period  when  Mclntyre  stated  that  the  seals  were  decreasing— 
as  he  said  since  1882 — Mr.  Wardman,  when  writing  from  the  islands,  tells  us — 

"The  number  of  seals  is  steadily  increasing."'     ("  ATrip  to  Alaska,"  p.  93.) 

Mr.  II.  A.  Glidden,  an  agent  of  the  Treasury  from  1882  to  the  8th  of  June,  188.5, 
an  authority  (luoted  by  Mr.  Blaine  in  support  of  the  United  States'  contention,  told 
the  Congressional  committee  in  18s8,  in  replying  to  t)ie  (luestion,  "  What  do  you  say 


SEAL    FISIIEKIES    OF    IJFIIKING    SEA. 


41 


jihoiit  tilt;  iiicre.a.s<;  or  diiiiiiiiitiou  ni'  tin*  iimiilM-r  of  st'iils  ou  the  niokorics  of  St.  I'uiil 
and  St.  (jft'oi'i;*)  ."' 

'     I  could  not  soo  iiiiy  icirtifiilar  dirtereiict'. 

.•nul  <;ii  iiw.'iy.     Tho   jxMiod  of  f;i'stiitioii  is  idcvcu 

I'olhtwiii^.     Tlu'.v  iir«'  tlieit!  during; 

iMi;  Coiit,'rt'ssioiiiu  coiiiiiiittec,  p.  'S! .) 

aui'iit  of  tlif  Ticasiirv,  navi'  his  cvideiicc  li^-tbrc  tiio 


"I  did  not  notice  any  cliany.e. 
They  eonu!  and  have  their  yduiis. 
niontiiN,  ami  then  tliey  eonie  liacU  in   the  spriii;; 
ilie  St  iison  in  eonntiess  nundieis."'     i  I'.vitlenee  lie 

Mr.  (jleorj;t;  K.  'rinu;le.  a  siieeial 


same  et)nimittee,  antl  he  is  put  forward  hy  Mr,  I'daine  in  support  of  the  United  States' 
(•(mteutioii.     (Appendix  to  Mr.  Blaine's  letter  to  Sir  .liilian  I'anneefote,  Marcli  I,  ii. 
17.) 
Conlirmini,'  Mr.  (Uiddiin's  opinion,  as  al)ovti  ([iiotetl,  Mr.  Tingle  said  : 
"From  Mr.  Elliott's  stateim'iit  I  undersiaiid  that  there  are  no  more  seals  uuir  Ihaii 
there  were  in  I67'i.     I  am  at  a  loss  to  know  how  Mr.  Elliott  ;;ot  his  iuftuination,  as  hti 
Inul  nol;  been  on  the  islands  t\n-  fourteen  years." 
The  Hame  Mr.  Tingle,  in  l-<"*7,  r(-p<^rted  to  Secretary  Fairchihl  iliaf  — 
•'  IIeft>nnd  the  lines  of  occiipancv  exteiuiin;;  heyoud  those  of  last  year,  and  tlier  iwh 
.(uite  as  tlensidy  pac  -etl  on  the  ground  on  nH)st  of  the  rookeries,  whilst  on  two  rook- 
cries  there  is  some  falling  t)tf.     It  ('.s  certain,  however,  this  vast  number  of  animuls,  so 
valuable  to  the  (iovernmeut,  are  still  (Ui  the  increase.      The  condition  of  all  tiie  rook- 
cries  could  not  bo  better."     (Appendix  to  report.  Congressional  eommitteo,  188S,  n. 

Ill  a  report  of  the  Alaska  Commercial  Com]iany  (December  13,  lir^HT),  it  is  stated 
that  Mr.  George  H.  Tingle,  the  agent  appointed  liy  the  Seevetary  of  the  Treasury, 
substantially  eontirms  Mr.  Elliott  in  his  view  referred  to  above,  excepting  that,  npou 
a  careful  survey  by  liimself  in  l-'-'t),  he  estimatetl  that  the  fur-seals  upon  the  two 
islands  had  increased  ■'  luunber  aliont  '2.(i(MMi0o  up  to  that  time.  Mr.  Tingle's  t>sti- 
Miate  for  Ibsti  is  (!,5:!,,..>U  (II.  \i.  Ex.  Hoc.  No.  ;il.  .')()th  Cong.,  1st  sess.t.  ami  in  Deceni- 
lier  tilt;  Alaska  Commercial  Comiiany,  in  their  report,  said  that  the  seals  were  on  tln3 
increase. 

The  latest  definite  iiift)niiaiion  appearing  in  the  I'nited  States  docnmcuts  regard- 
ing the  condition  of  the  rookeries  is  contained  In  the  report  of  Mr.  Tingle,  who,  as 
special  agent  of  the  Treasnrv  Dcpartnuiiit.  wrote  from  St.  I'aul  Island,  Ala.ska,  Julv 
:il,  Ir'SS,  as  follows: 

"I  am  happy  to  be  able  to  reptirt  that.  aUliough  late  landing,  the  breeiling  rook- 
eries are  lilletl  out  to  the  lines  of  measurement  lieretofort;  matle,  antl  some  of  theni 
much  beyond  these  lintis,  showing  coiudusively  that  .seal  life  is  not  being  depletetl, 
but  is  fully  up  to  the  estimates  given  in  my  report  of  IH.""?.'' 

From  t!ie  abt)ve  Fnitetl  States  otticials  it  is  clear  that,  with  only  partial  iirotectiou 
ou  tilt!  islaiuls,  the  seals  have  iucreasetl  in  an  aina/ing  tlegreo.  These  islaiuls,  con- 
taining in  l!?74  t!ie  largest  ni.mber  fd'  seals  evta'  found  in  the  history  of  sealing  at  any 
jdace,  contain  to-tlay  a  nmre  astt)umling  number. 

When  the  number  was  less  than  half  of  what  it  is  at  present.  Lieut.  Washburn 
Maynard,  of  the  U.  S.  Navy,  was  instructetl  to  make  'u  in\estigation  into  the  condi- 
tion of  the  fur  tratle  of  the  Territmy  of  Alaska,  and  in  1^74  he  n^jiorted  that  il'J,nO() 
young  male  seals  hail  been  annually  killed  in  each  year,  from  1-70  to  1^71.  on  the 
islands  comprising  the  Pribylov  groui),  and  lit>  did  not  think  that  this  diniinishetl  the 
numbers.  Lieutenant  Maynaril's  reprirt  (l-lthCong.,  1st  sess.,  H.  R.  \o.  4:i),  as  wcdl 
as  that  of  Mr.  Bryant  in  lH(ii|  (^Ex.  Doc.  No.  :W,  41st  Cong.,  "Jd  st^ss.i,  largely  supports 
the  coutention  ol^tlie  Cauailiau  (iovernment  respecting  the  productiveness  of  the  seaL 
antl  their  habits  tluring  the  breetliug  season. 

It  is  not  denit'tl  that  seals  enter  Behring  Sea  I'or  the  purpose  id"  resorting  to  tlit) 
islands  to  jiropagate  their  species,  and  Itecause  the  immense  herd  is  chietly  coutinetl 
to  the  islands  for  this  purpose  during  the  breeding  season  it  is  that  the  .seals  have  so 
constautly  increased. 

Notwithstanding  the  lax  efforts  on  the  part  of  the  United  States  to  guard  or  patrol 
the  breeding  islaiuls,  the  tlilhculty  of  approaching  the  rough  coasts  thereof,  the  prev- 
alence of  fogs  antl  other  can.ses  have,  in  a  large  tlegree,  prevented  too  tlestructive  or 
too  numerous  raitls  being  matle  upon  the  roidveries. 

The  Canadian  (iovernment  contemls  that  while  seals  in  calf  are  taken  on  ami  off 
the  coasts  of  British  Columbia  and  California,  antl  also  during  their  migrations  near 
the  Aleutian  Islautls  by  Intlians  and  Aleuts,  the  bulk  of  the  seals  taken  in  the  t)iteu 
sea  of  that  part  of  the  "Pacitic  Ocean  calleil  I'.ehring  Sea  are  bulls  both  (dd  and  young— 
Init  chietly  young— ami  that  most  of  the  cows  when  taken  are  known  as  "  dry  cows," 
i.  e.,  cows"  that  have  nurseil  antl  weani3tl  their  young,  or  cows  that  are  barren,  or  those 
that  have  lost  pups  from  natural  causes. 

It  mii.st  also  be  noted  that  there  are  more  females  than  males  in  a  herd  of  seals. 
("Trip  to  Alaska,"  Wardman,  ji.  IM.) 

The  position  taken  by  the  Canadian  Government  is  supported : 

(1)  By  the  history  of' the  rookeries  as  above  given  and  the  great  increase  showa 
despite  the  coustaut  killing  and  raids  upon  the  islands  during  the  past  century. 


^^■i: 


Ui,l 


11 


42 


SEAL  I'jsnKiiiiis  OF  iu;iii:iN(i  .si:a. 


('■i\  ]\y  tlir  CiuM  that  tin-  old  IhiIIm  thai  liavc  liccii  ahh'  t(i  hold  tlicir  iiosificii  on  tlio_ 
I'ookiiii'.s  j;(>  into  tlw  wat- r  at  tlm  fiid  oi  Ihi'  iiitliii;;  scasmi,  lii'twcfii  Ist  and  Idth  of 
Aii^nsl.     (II.  I,'.  Kx.  Doc.  No.  ■«;!,   JJtli  C'omj;.,  1st  .scss.,  app,.  ]).  V.Vi.) 

Mr.  ClarU,  (Hi  tiic  Aiitarrti(!  .seal  tisiicrifH,  in  "Tiio  rishniosaMil  Fihiicry  lndn^t^iL•.s 
in  the  I'niti'd  StivtcH,"  1-H7,  pp.  I^:!,  I'JI,  sa.VH : 

"In  vt'iy  .slorniy  weather,  when  tiiey  (tlio  .seals)  arc  driven  into  tin-  .sea,  they  are 
force<l  to  betake  themselves  to  the  slioilered  .side  of  the  ishind,  honee  the  men  liiul  that 
stormy  \\eather  pays  them  liest.  Two  or  tliret;  old  nniles,  termed  "  Iteaeh  masters," 
hold  .1  liea(  h  to  themselves  and  eover  it  with  eows,  bnt  allow  no  other  males  to  haul 
u|).  'I'he  males  li^lit  (iirionsly.  and  one  man  tidd  nu'  that  h(>  had  seen  an  old  male 
take  up  a  yoniij;er  one  in  his  teeth  and  throw  him  into  the  air.  The  nniles  .show  lijj;ht 
vlien  whipped,  and  are  with  ;;reat  dillienlly  driven  into  tho  sea. 

"They  are  someti.nes  treated  with  horrible  l)riitality.  Th(^  fcnniles  fiive  birth  to 
the  yonnj^soon  after  their  arrival. 

'"After  leavinj;  the  rookeries  the  bnlls  do  not  return  to  them  a;jfain  tliat  season." 

(I*)  IJy  the  I'aet  that  two-thinks  of  all  the  males  that  are  Ixnn  ar«i  never  permitted 
to  laud  upon  the  same  jjronnd  with  the  female.s.  This  larij;e  band  of  bachelors,  wiieii 
»'  riiils  hind,  herds  miles  awav  from  the  broedinj^  yronnds.  (II.  W.  Klliott,  H.  It.  No. 
:^8:!.  nuth  C'onu.,p.  112.) 

They  are  driven  otl  into  the  water.  (Clark's  article  on  Antarctic  soul  fishery  iu- 
dnstries  of  the  United  States,  hw.  v,  vol.  ii,  1H87,  j).  4:n.) 

Vonnj;  seals  are  prevented  from  landing  on  rookeries.  (Ex.  Doc.  8;{, 44th  Cong., 
1st  sess.,  p.  lt;{;  see  also  Elliott,  If.  K.,  44th  Coug.,  1st  se.ss.,  Ex.  Doc.  No.  rt3.) 

Yearling  seals  arrive  abont  the  middle  of  July  acconii)anied  by  a  few  of  the  mature 
males,  remaining  a  greater  part  of  the  time  in  the  water.  (H.  II.  Mclntire,  41st 
Cong.,  2d  sess.,  U.  11.  No.  :it),  p.  14  :  also  II.  K.  Ex.  Doc.  43,  Ist  sess.,  44th  Cong.,  p.  4.) 

Mr.  Sanmel  Falkner,  assistant  Treasury  agent,  writing  from  St  George  Island 
Angiist  1,  1873,  to  Mr.  Bryant,  Treasury  agent  for  the  seal  islands,  says  : 

"  I  notice  on  some  of  the  rookeries  the  i)assage  ways,  formerly  occupied  by  young 
bachelors  in  hauling  upon  the  background,  are  completely  blocked  up  by  females, 
thus  preventing  the  young  seals  from  landing,  and,  as  the  greater  jiortion  of  this  isl- 
and shore  is  comi)osed  of  high  clitVs,  it  renders  it  dilhcult  for  any  great  number  to 
fltlect  a  landing.  There  are  also  numer()us  old  males  constantly  guarding  the  shore 
line,  w  Inch  makes  it  still  nforo  ditlicnlt  lor  the  young  ones  to  work  their  way  on  the 
background." 

Then,  again,  it  must  be  remembered  that  the  non-breeding  seals,  consisting  of  all 
the  yearlings  and  all  the  males  under  six  or  seven  years  of  age,  nearly  ecjual  in  uum- 
ber  the  breeding  seals,  and  Mr.  Elliott  estimated,  when  there  were  4,700,01)0  seals  ou 
the  island,  1,.")00,0()0  of  this  number  were  non-breeding  seals.  (Elliott,  app.  to  11.  K. 
Ex.  Doe.  No.  83,  44th  Cong.,  1st  .sess.,  p.  7'J.) 

(.)n  thick,  foggy  days  bachelor  se;ils  numbering  over  a  milliou  will  often  haul  out 
on  ditferent  hauling  grounds,  and  on  the  recurrence  of  Hue  weather  disa^tpear  into 
the  water.     (Elliott,  p.  144,  H.  K.,  44th  Cong.,  1st  sess..  Ex  Doc.  83.) 

The  young  bachelors  do  not  n-niiiin  on  shore  long  at  a  time.  (P.  4,  44th  Cong.,  1st 
sess.,  Ex.  Doc.  No.  43.)  They  are  so  numerous,  however,  that  thousands  can  be  .seen 
upon  the  hauling  grounds,  as  all  of  them  are  never  eitheron  shore  or  in  the  waterat 
thesan\o  time.  {Ibid.,  p.  44.)  Hy  the  fact  that  the  cows  remain  with  their  pups  and 
suckle  them  until  all  have  left. 

They  do  not  go  on  the  rookeries  until  three  years  of  age.  (H.  R.  Ex.  Doc,  44th 
Cong.,  1st  sess,.  No.  43,  p.  4. ) 

They  tlo  not  go  far  from  shore  uutil  the  young  are  reared.  Peron  says  that  both 
parent  elei)hant  seiils  stay  with  the  young  without  feeding  at  all  until  the  young  are 
six  or  seven  weeks  old,  .'iiid  that  then  the  old  ones  conduct  the  young  to  the  water. 
(Clark's article  on  Antarctic  seals,  \^.  424.) 

The  young  are  suckled  by  the  females  for  some  time  and  then  left  to  themselves, 
lying  on  the  beach,  where  they  seem  to  grow  fat  without  further  feeding.  ("The 
Fisheries  and  Fishing  Industries  of  the;  Fnited  States,"  .sec.  v,  vol.  ii,  18-^7,  p.  424.) 
For  this  reason  those  that  are  jtupped  in  .June  are  oH'  in  the  water  in  August. 

So,  also,  on  the  African  coast  the  .seal  remains  until  the  young  can  take  care  of 
themselves.     (//uV  .  p.  41(5.) 

^  The  bulk  of  the  ..eals  ar(>  conlined  to  the  islands  until  ice  surrounds  them.     (H.  R. 
Ex.  Doc.  No.  45,  44th  Cong.,  1st  sess.,  p.  2.) 

The  seals  never  leave  their  i)laces,  seldom  sleep,  and  never  eat  anything  from  May 
to  August,  when  they  take  to  the  water,  but,  it  is  believed,  take  no  food  until  their 
final  departure  in  November.  (H.  H.  Mclutyre.  II.  R.  Ex.  Doc.  No.  36,  4l8t  Cong., 
2d  , sess.,  vol.  5.)  Mr.  Elliott  savs,  "  perhaps  she  feeds."  (P.  130hisreport  on  Alaska, 
1874,  II.  K.  No.  83  Ex.  Doc,  44th  Cong.) 

The  bulls,  while  ou  the  island,  prevent  the  mothers  taking  to  the  water.  (Marine 
uianimals,  by  Captain  Shannon,  "United  States  Revenue  Marine,"  1874,  p.  152.) 

From  10th  to  25th  of  July  the  rookeries  arcfuUer  than  at  any  other  time  durine 


]g  the 


SKAL    FI.silKKIK.S    OF    liKIIUING    SKA. 


43 


ficasnii,  a«  tlir  piiiis  liiivc  all  ln'cii  lioiti,  and  all  tlic  fiiilis.  cows,  an  1  j»iips)vi/i((i«  wUhin 
(liiir  limitx.     (II.  U.  Kx.  Doc.  No.   1;;,   lllli  Coii},'.,  Ist   scmh..  jt.  ;{.  i 

It  lias  lit'cii  shown  lliaf  wlicii  in  tlii'  niokcrics  intitlicrs  wcio  (It'stroyt-d,  thi'  vdiiii;; 
wen;  fomid  df-ad,  rtc,  hut  l'rolfs>()r  Kllioti,  in  icri'iencf  tn  the  I'tihvhiv  Inlaiids, 
f^avM : 

•'  With  the  fxccidion  of  lliosn  .-.ninial.-i  whieh  li.iv>'  received  woniidi  in  loinlial,  im 
hick  or  dvinii  seals  are  seen  njinn  the  ishinds. 

"Ont  of  tiie  ^reat  nnnihers,  thousands  n]i(in  thousands  of  seals  that  nin,-,t  die 
every  year  Iroin  old  niicahnie,  not  one  have  1  t!v«r  seen  here.  They  evidently  jjive 
11])  their  lives  at  sea."  (His  r(>i>ort  on  Alaska.  l-iT-l,  II.  U.  Kx.  Doc'.  ".'.  4llh  ronji.. 
]..  ir.o. ) 

'J'o  further  ]>rove  that  the  contention  of  the  (Jniiiidian  (invernment  is  not  at  all 
nnreasonahle,  if  nniy  he  siiid  that  ai  the  International  Fisheries  Fxhihitnui.  London, 
l"^H:i,  Mr.  Hrown  (ioode,  of  the  C.  S.  I'ish  C'lniMnission,  lia\  inu  slated  the  re<rulj>tion.«, 
of  the  I'nited  .States  concerniny;  the  l'iilpyio\  ;fron|i,  ihe  ntlicial  rei.orl  upon  the  ex- 
hibition, says: 

"  IC\ery  annual,  Ixdli  in  sea  and  on  land,  rejirodnces  its  kind  in  yr<;ater  nnnihers 
than  can  ]»o.sNildy  exist.  In  other  words,  all  auiinaU  li-iid  In  nuiltiidy  lume  iapidl> 
than  tlioir  food;  nniny  of  them  must  in  c,onsei|neuce  either  die  or  he  destroyed,  and 
man  may  rest  Hatislied  that  so  tar  as  the  open  ocean  is  concerned,  the  lisli  which  lie 
destroys,  if  lie,  abstain  fiom  destroy injr,  would  perish  in  other  ways.  With  respect 
to  the  former  (^  seals),  I  have  already  iiointed  out  that  the  restriction  Which  the  I'nited 
.States'  Government  has  jdaced  on  the  destruction  of  seals  in  the  Ala-.kaii  Islands  seem 
uiinece.ssarily  larjie.'' 

He  added  that  nature  lias  imiiosed  a  limit  to  their  destruction. 

Professor  Elliott  himself  wasof  the  opinion  in  l~74  (  see  his  re]iort  on  Alaska  already 
referred  to,  ])\>.  dH,  H!»)  tliat— 

"With  rej^iird  to  the  iinrcase  <d"  the  seal  life.  I  do  not  think  it  within  the  power  of 
liiiman  maiiaf^ement  to  promote  this  end  to  the  sli;flitest  ap|)reeialdi'  deiiiee  lieviuid 
its  present  i-xteiit  and  coinlillon  in  a  state  of  nature  :  fur  it  can  not  fail  tn  he  evident, 
from  my  detailed  description  of  the  habits  and  life  of  the  fnr-seal  on  these  islamls 
diiriiif^  a  jjreat  j)art  of  the  year,  that,  could  man  havi-  the  same  supervision  and  con- 
trol ovjr  this  animal  durinjj  the  ic/oi/c  season  which  he  hasat  his  command  while  the\ 
visit  the  land,  he  mijjht  cause  them  to  mnlti;  .  ■  and  increase,  as  he  wonhl  so  man>' 
cattle,  to  an  indefinite  nniuber,  only  limited  by  time  and  nutans ;  i)ut  the  case  in  i|ues- 
tion,  tiiifortunately,  takes  the  fnr-seal  six  muuths  ont  of  e\ery  >eai-  t'ar  liey(uid  the 
reach,  or  e\eii  eo<;niziince  of  any  one,  where  it  is  exposed  to  known  poweiful  and  de- 
Ktructive  natural  enemies,  and  many  others  probably  unknown,  which  prey  upon  it. 
and,  in  accordance  with  a  well-iecoj^ni/.ed  law  ai  nature,  kee]>  it  at  about  a  certain 
number,  which  has  been  for  a;;es,  ami  will  be  for  the  futiirt!.  as  atiairs  now  arc,  //i 
iiiaxiiiunn  limit  of  iimrafic.  This  law  holds  jiood  everywhere  throiij^hout  the  animal 
kiujjdom,  regnlatiiifr  and  i)reservini;  the  e(|Uilibriiim  of  lile  in  a  state  of  nature.  Did 
it  not  hold  good,  these  seal  islands  and  all  lJeiiriu<i  Sea  wcuih!  have  been  literally 
covered,  and  have  swarmed  with  them  lonj;  before  the  Russians  discovered  them: 
but  there  were  no  more  seals  \\hen  first  seen  here  by  hu'iian  eyes  in  ITet)-'"^?  than 
there  are  now,  in  If^T'l,  as  far  as  all  evident;  jjoes. 

'■What  can  be  done  to  picuiiote  tiieir  increase?  We  can  not  cause  a  j-reater  num- 
ber of  females  to  be  born  every  y<'ar ;  we  do  not  toiudi  or  disturb  these'  fenales  as  the\' 
j^row  ni»aiid  live,  and  we  save  more  than  enoui;h  males  to  serve  them.  Xnthin*;  more 
can  be  done,  for  it  is  impossible  to  protect  tlu'iii  frcun  deail!>  enemies  in  their  wander- 
ings for  food. 

"  This  great  body  of  four  and  five  millions  of  hearty,  active  animals  must  consuini' 
an  enormous  amount  of  food  e\  cry  year.  They  c.in  not  average  less  than  o  pounds 
offish  each  per  diem  (this  is  not  half  enough  for  an  adult  male),  which  gives  the  coii- 
hum]diou  of  over  llir''i  )nillii»i  /«»>  (d' fish  every  \earl 

"To  get  this  immense  food  supply  the  seals  are  compelled  to  disperse  over  a  very 
large  area  of  the  North  Pacific  and  fish.  This  brings  them  into  contact  more  and 
more  with  their  enemies  as  they  advance  south,  until  they  reach  a  jioinr  where  their 
annual  destruction  from  natural  foes  is  equal  to  their  increase,  and  at  this  point  their 
number  will  remain  fixed.  About  the  seal  islands  I  h.ave  tailed  to  notice  the  least 
disturbance  among  these  animals  by  anything  in  the  water  or  out.  and  from  my  ob- 
servation I  am  led  to  believe  that  it  is  not  nutil  they  descend  well  to  the  south  in 
the  North  Pacific  that  they  meet  with  sharks  and  viuaciwus  killer-whales."'* 

The  following  extract  from  the  report  of  iMr.  11.  H.  Mclutyie,  special  agent  of  the 
Treasury  at  the  islands  in  ISfiD,  largely  supports  the  foregoing  views: 

"Thehabits  of  the  fur-seal  are  peculiar,  and  in  considering  the  action  necessary 

*  "In  the  stomach  of  one  of  tho.se  animals  (year  before  last)  /niirttTii  small  harp- 
eeals  were  found." — MichaelCurruIVs  reimrtjCumuUun  Fixlurii'i,  ld74. 


7» 


44 


8KAL    FISHElilKS    OF    UEIIKINO    SEA. 


to  tlicir  pritt<'((ioii  <li'Ht'rv(>  <'iiit'fiil  attention.  From  tin'  stiitcnn  iit.'t  of  tin*  »MiipIo.v<^)* 
of  tin- Iittr  lvM>i«ijin-AiiH'i'i('iiM  (.'(>ni|iany,  tin'  ini'nrnnition  ilciivnl  iVoni  tln>  inl(>lli;;<'nt 
initivf  cliift' ol' Sr.  I'anl  Isliunl,  and  my  own  ol»s«<rvation  (Inriiii;  the  hinunn'r  of  HiIK 
I  Inivc  rcaclnil  tin' rollowiim  conclnsions  ;  The  seals  naili  the  islainls  of  St.  i'anl  ami 
Sr.  (ieorj;e  in  Ma\',  Jnne,  timl  .Inly  of  eaeh  \earin  the  lollowin!;'  onler:  lii.st,  aMinall 
iiunilier  ol'old  initle  seals,  known  as  iciiis,  visit  the  iMhunls  vei  y  early  in  the  sprin;;',  or 
as  soon  nn  tln>  ice  hat*  melted  NiiHiciiuitly  to  allow  them  to  reach  the  rocdvs  npon  (he 
shore,  'riu'ir  oiijov  t  at  llii.s  tinn'  seems  to  lie  solely  to  reconiioittti'  their  old  rookeries 
with  a  view  to  re-oiic-npy  them,  if  they  havt<  not  heeii  distnrhed.  and  tin'  mitives,  so 
undeistiiiidiiiu  it,  avoid  any  iniiso  likelv  to  alarm  Ihein,  ami  in  eiise  the  wind  is  in 
sncli  diriMiHin  iis  to  cany  the  smoke  from  the  settlenn-nl  towanls  tin'  rookeries  all 
tiles  are  t\t  iiiiinished.  After  a  few  days  these  pioneers  take  their  <leiiartnre,  ami  as 
the  seaxiii  adxiinces,  if  they  Innt*  heeii  iindist nrlied  on  the  oceasjon  of  their  lirst  visit, 
fhi-y  retnrii,  Ininjiinn  with  them  all  the  males  of  mat  nre  ay,e,  ahove  livtMU'six  years 
o|«l.  who  are  aide  to  maintain  their  plaees  in  the  hreedin^  rookeries,  (jlimliin^  n|) 
on  the  rocks,  eaidi  seal  selects  his  position  and  takes  possession  ol"  and  otjcnpies 
thron;i'h  the  season,  if  siifli(;iently  stronj;',  from  I  to  ;!  s(|iiare  rods  of  jrronnd. 

"  Still  later  in  the  seasfni,  when  the  ice  has  nearly  ilisappearcd,  the  femalcH  arrive, 
conveyed  hy  the  yonny  males  ahovt-  one  year  of  a^e.  who  ai'e  iinaMe  to  occrnpy  th« 
rookeries  with  their  seniors.  The  females,  immediately  on  reachinjf  the  shore,  aroaj*- 
propriated  hy  the  old  males  and  taken  to  the  ]daces  respectively  stdected  liy  tliom  for 
tile  season,  w  hich  is  ^renerally  the  same  for  many  successive  years.  It  is  asserteil  that 
the  same  male  seal  has  been  known  to  octmpy  one  rock  for  more  than  twenty  seusoiiH. 
The  yoniif;-  seals  allovt^  one  year  of  ai;e,  called  liachelois,  take  tlndr  posit itnis  around 
the  ed;;es  of  the  roidvcries  or  remain  in  the  water,  and  are  constantly  tryinj;  to  steal 
the  temales  from  their  respective  masters,  who  also  rcdt  each  otlmr  id'  their  families, 
hy  stealth  or  strength,  whcnev.i  occasion  offers,  and  thus  an  incessant  ((iiarrid  is 
maintained  at  all  points,  which  keejis  the  old  males  constantly  on  tlieah'rt.  They 
never  leave  their  places,  seldom  sleep,  nor  do  they  <'at  anythinj;  whatever  <lnrin^  the 
entire  season  from  May  to  Aiit^iist,  when  they  j^o  into  the  water,  Init,  as  far  as  t:an  bo 
ascertained,  take  no  food  until  their  linal  departure  in  Xovemher.  It  may  ho  re- 
marked, however,  that  they  are  very  fat  on  arrival  and  (|nite  as  lean  at  the  time  of 
leavinji,  in  antninn.  The  yonnji  seals  are  supposed  to  feed  while  in  the  water,  hut 
this  has  not  liren  detinitely  proved,  nor  is  the  nature  of  their  food  well  known,  sinco 
an  examination  of  their  stomachs  seldom  reveals  more  than  a  ^reen,  mncila^inons 
matter.  Fidlowiiij;  all  others,  the  yearlinjf  seals  arrive  about  the  middle,  (dMiily,  ac- 
companied liy  a  few  of  the  older  males,  and  remain  for  tlm  j^reater  part  of  the  time 
in  the  water.  Soon  after  their  arrival,  in  the  months  of  .June  and  .Fnly,  the  females 
briny  forth  their  yoiinj^."     (Ex.  Doc,  list  Coii;j.,"-iil  sess..  No.  I{(),  p.  14.) 

K'eterence  has  been  made  to  the  raids  ujion  the  rookeries,  ami  to  the  fact  that  in- 
snt'ticieiit  care  has  been  taken  of  the  breedinji;  ;^ronnd.  It  is  contended  that  it  is  the 
duty  of  the  (lOvernment  drawing  an  enormous  rental  from  these  islands  to  carefully 
guard  ami  jirotect  them,  and  it  is  undonbted  that  with  efticient  protection  the  increases 
(if  seal  life  will  be  nion;  marvelous  than  ever. 

Mr.  'J'inyU.',  in  Irititi,  in  his  repovt  to  Secretary  Fairehild,  nrj^es  the  (Government  to 
keeii  a  cutter  around  tin-  islamls  from  the  1st  of  .July  to  the  1st  of  November. 

Mr.  Moi'itan,  in  IriHS,  in  his  evidence  before  Congress  ([k  'SA),  said  there  were  not 
sutticieiit  cutters  for  the  protection  of  tlie  islands,  and  Mr.  Wardinan,  special  agent 
of  the  Treasury  at  the  islands,  l-^'Hl  to  iss;-,^  said: 

"I  think  the  (Jovernment  ought  to  keep  at  least  one  revenue  steamer  therein  and 
aliout  these  two  islands  up  until  the  middle  of  October  at  least.  The  trouble  has 
been  in  the  revenuts  marine  service.  The  appropriations  were  all  right,  and  a  fellow 
would  be  sent  up  to  noininaliy  protect  the  seal  islands,  hut  Im  would  also  be  ordered 
to  look  for  the  north  pole  as  well  as  watch  the  seal  islands,  lie  might  liud  the  north 
]iole,  but  not  around  the  seal  islands.  Mo  would  be  away  just  at  the  time  he  would 
be  needed  around  there."     (Evidence  betbre  Congressional  committee,  p.  'Aii.) 

The  lion.  Mr.  Williams  8ai<l : 

"The  Government  practice,  through  the  Treasury  Department,  has  been  to  protect 
these  waters  so  far  as  they  could  witii  the  revenue-cutters  which  are  at  their  com- 
mand. Still,  it  has  fre(|uently  happened  that  a  revenue-cutter  goes  upon  the  seal 
ground  and  then  is  ordered  north  for  inspection,  or  for  therelief  of  a  whaling  crew  or 
something  of  that  kind,  and  they  are  gone  pretty  much  the  whole  time  of  the  sealing 
season,  and  there  seems  to  l)ean  insufticieucy  in  the  method  of  i)rotection."  (EvLuence 
bettire  Congressional  committee,  p.  lOti.) 

Mr.  Taylor,  special  agent  of  the  Treasury  in  1881,  said  before  the  same  coiuniittee 
(p.  5»-): 

"  The  difticulty  heretofore  has  been  that  our  revenue-cutters  have  been  obliged  to 
cover  a  territory  of  800  miles  long  and  700  or  800  miles  wide,  north  and  south,  and  they 
would  get  around  to  the  seal  islands  about  twice  during  a  season.  They  never  hap- 
pened to  be  there  when  needed,  and,  as  far  as  rendering  any  service  whatever  is  con- 


SKAL    riSIIKIilKS    (»J'    HKIUnNO    8EA. 


45 


iliat 


at  least,  of  till'  ailmiiii>lratiiiii, 
tile  act  liiNt  (Iraliiij;  with  tin- 


•U\  sess. 


(cnifd,  tln'.v  wcic  jiraclically  iisclrMs  so  far  an  I  lie  .seal  Lslaiids  Wfic  coiict'i'iu'il. 
liUM  liiM'ii  till-  «'XiH'ii«<iic(',  I  lii'lit'vc,  of  all  who  Jiavc  hi-cii  iIhtk." 

ThiM  olHiciT  icrimiiiiciHlfil  stcaiii-laiiiiclu's  fur  (iosfrmnciit  a;;fnts  at  tlif  i^laiiil.«>, 
(Kviiit'iicc  licf.irr  (!oii;;f<'SMioiial  (•oininiitft',  p.  I01».) 

Mr.  (iliddcii,  aiiotiicr  a^f-iit  of  the  'I'rca.siiry  iVoin  l^-*-.'  lo  l--'>,  savs  ,  .-viihiK  >■  (jim- 
j,M<'Msional  ( iiiitlcf,  p.  •,'■')  when  he  was  at  iln'  islands  ihf  (lovcnniifiit  k«'|it  no  vi-s- 

Hcls  tlllTf. 

"'I  I'cy  landt'd  our  ofticoi-s  on  ii  iilil.'  island  Ci  miles  frum  S|,  I'.ml  to  wateh.  *  '  • 
In  (!V«!rv  n'|)orl  1  nnide  I  reeoniniemled  ihat  they  should  Keep  a  levenne-enltei  then  . 
Oil"  vessel  (an  not  protect  those  islands  ami  visii  the  Arciic  Ocean  hesides.  The 
cruisinj;  ,i,'ronnd  is  far  too  extensive,  eoverniK,  as  it  dot«s.  a  distanee  of  stncral  thon- 
sand  miles,  and  while  the  cniter  is  alisent  in  the  Arctii-  innch  daiiia'40  can  he  done  liy 
the  maraudine'  vessels  to  the  seal  isl.ind.s,'' 

That  Con;,'reHs  re;;aideil  it  at  the  onlsei  a.s  the  duty, 
to  HJiMply  ^nard  and  reeulate  tlie  islands  is  clear  from 
suliject, 

^ir   UcMitwell,  tlie  Secretary  of  the  'J'reasiirv.  reported  in  l-^'n  (list  Cony. 
Kx.  J>oc.  lii'.t)  as  follows: 

"A  siigH;<''  I  "II  •ii''*  ''•''■"  miide  to  this  Deparlment,  in  various  fornis,  that  the  (iov- 
criiMiciit  siionld  lease  these  islainls  (or  a  lonu  ]teii(iil  of  timi-  to  a  cnnipany  01  liriu,  for 
an  animal  sum  of  nn>ney,  upon  the  comlition  thai  provision  should  ho  made  tor  the 
suhsistencc  and  cdnciifion  of  the  natixes,  and  that  the  fisheries  themselves  should  lie 
jircsorvcd  from  injury.  'I'his  plan  is  open  to  the  very  f^rave  ohjection  that  it  makesa 
monopoly  of  11  branch  of  industry,  important  not  only  for  the  ]tcople  of  the  islamU 
but  to  tbo  peoidti  of  the  IJiiteil  States,  if  the  preparation  and  manufacture  of  the 
skins  for  nso  sbould  1)0  transferred  from  Liunlon  to  this  country.  Such  a  m<nn)poly 
is  contrary  to  tbo  ideas  of  the  ])cople.  and  not  many  years  w(Mild  |iass  before  serious 
ertbrts  would  bo  nnide  for  its  overthrow.  .Moreover,  the  natives  of  the  islands  would 
bo  under  tlio  control  of  the  compan>,  and,  as  the  expiration  of  the  lease  ap|iroached, 
the  induccnienls  to  protect  Ihcniand  iircservc  the  lisherios  would  diminish,  crspeciallv 
if  the  company  saw,  as  would  i>roba!dy  be  the  case,  that  il  li.id  no  liojie  of  a  renewal 
of  its  privileges.  Under  these  circumstances  the  (iovernmeiit  of  the  I'mttMl  state> 
would  necessarily  be  subjected  to  great  expense  and  trouble. 

"For  these  reasons,  brielly  staled,  but  valid,  as  they  ajipoar  to  inc.  1  can  not  concur 
in  the  suggestion  that  the  islands  sliould  be  leased  to  any  company  for  a  period  of 
years. 

"  In.asinueh  as  it  will  be  necessary  for  the  Govenuueut  of  the  United  State.s  to  main- 
tain in  and  around  the  islands  a  military  and  naval  i'orce  fru-  llie  protection  of  its  in- 
terests under  any  pli,  1  that  can  be  devised,  I  am  of  opinion  that  it  is  better  that  the 
Government  should  assume  the  entire  c(mtr(>l  of  the  business  of  the  islands,  and  ex- 
clude everybody  but  its  own  servants  and  agents ;  that  it  should  estaiilish  a  rigid 
system  of  police,  t^xcluding  from  the  islands  distilled  siiirits  aiul  lin-arins,  and  subject 
vessels  that  touch  there  to  forfeiture,  except  when  they  are  driven  to  seek  shelter  or 
for  necessary  repairs.  The  conditions  of  such  occupancy  and  control  by  the  Govern- 
ment of  the  United  States  seem  to  me  to  be  these: 

"First,  the  exclusion  of  other  parties;  second,  the  supply  to  tlio  natives  of  such 
articles  as  they  are  accustomed  to  use;  third,  compensation  to  the  natives  for  their 
labor,  and  the  payment  of  a  snflicient  additional  sum  each  year  to  enable  them  to 
live  in  the  manner  to  which  th(!y  have  been  accustomed  ;  fourth,  an  equitable  division 
of  the  value  of  the  skins  over  the  i>ayments  made  to  the  natives,  and  the  cost  to  the 
Government  of  the  United  States  of  maintaining  such  force  as  is  necessary  for  the 
protection  of  the  business. 

"The  portion  of  the  surjilus  erpiitably  belonging  to  the  natives  might  l>e  set  aside 
for  the  pur]»ose  of  education  and  religious  teaidiing,  tae  erection  of  mort;  suitable 
dwellings  ihan  they  now  possess,  and  generally  for  their  physical,  intellectual,  and 
moral  improvement. 

"  If  the  Government  were  tolea'ie  the  islands  it  would  not  be  possible  to  withdraw 
entirely  the  military  and  naval  I'orces,  or  to  neglect  a  careful  supervision,  and  the 
additional  expense  conserjuent  upon  retaining  possession  of  the  business  of  the  islands 
in  the  hands  of  the  Government  .vould  not  be  large. 

"Ordinarily,  I  agree  in  the  ojiuion  that  a  goveriiinent,  especially  one  i.j  r  that  of 
the  United  States,  is  not  adapte  1  to  the  management  of  business;  but  this  clearly  is 
a  business  which  can  not  be  left  open  to  individual  competition  ;  and  if  it  is  to  lie  a 
monopoly,  whether  profitable  or  otherwise,  the  interest  of  thi'  (iovernment  is  so 
large,  and  the  expenses  incident  to  the  ])rotection  of  lliese  islands  so  great,  that  it 
can  not  art'ord  to  substitute  to  any  extent  the  monopoly  of  an  individual  or  of  a  com- 
pany for  itd  own  lawful  supervision. 

"Sliuuld  the  Government  fail  in  the  attempt  to  manage  the  business  through  its 
own  agents,  there  -will  then  be  opportunity  to  lease  the  fisheries  to  private  parties  ; 


4G 


SEAL    I'lSlIKKIKS    <)V    ltr.llUIN(i    SKA. 


lull  my  niiiiiiDii  in  lliiit  a  l;irucr  H!vcmn'  ciui  lif  ulitiiiiuiil  t'luni  tlinii  liy  iicimil  iiiiiii- 
iiUfiiiftit  tliiiM  hy  a  ItHMf. 

•'  111  fiirllii  r  rcpls  tn  tin-  itvsdliition.  I  liiiv<(  t"  my  lliat  tin'  hUjiih  talu-ii  in  IhiI-i  wtjro 
rfiiiiivf<l  l>y  MrsMr-i.  Kolil,  llntrliiiisoii  iV  ('<».,  llif  Solicitor  of  flit-  'I'icaMiiry  Ihmmk  of 
oiiiiiioii  tlial  lilt"  (invcniiiii'iit  liail  no  Icmal  aiiliioriiy  to  ilclaiii  IIm'Iii.  'I'liosf  takon 
in  l-t'i',tair  niioii  ilii'  islaniN,  imi  no  (lii'i.>sion  iian  liccn  iikkIc  toMcliinj;  llic  ri;;litM  oI" 
till- (fovi'inniciit. 

"  In  (■(incirdin;;  tlijs  ri>|iort,  IiIchik-  to  call   liic  attcnlion  of  Conurcs.s  to  tlic  Caot 

tiint  it  !'■  n SNary  to  legislate  iiMni''(liati'l>  so  t"ir  an  to  provide  for   ilic  l)iisinc,HH  of 

llic  prcviit  year,  i'lic  natives  will  coimncnce  tin-  raptiiic  nf  seals  alioiit  llie  1st  of 
June. 

••  If  tlm  islaiiilM  are  to  he  leased  for  the  present  year  it  Hlionld  Im^  dont*  iniiiiedialely,^ 
tliat  tlie  lesste  may  make  provision  for  the  Inisiiiess  of  the  year.  If  tlm  Inisines.s  of 
tile  present  year  is  to  lie  comlinied  by  the  (Jovernmeiit,  as  I  think  it  should  he,  what- 
ever oiir  future  p(dicy.  Ie;;islatiiiii  is  iieeessary  :  and  I  Mii^r^^esl  thai  the  Secretarv  of 
the  Treasiiiy  lie  aiilliori/ed  to  appoint  aueiiis  in  .\lasUa,  who  shall  he  eiiipoweied  to 
superintend  the  capture  of  i  he  seals  and  the  enriiin-  of  the  skins  ;  and  t  hat  an  appro- 
pi  i. 'it  ion  shall  lie  made  <if  s|nii,(M)i',  uiil  of  w  liicli  I  he  ii.it  i  ves  slia  1 1  lie  paid  for  tiie  lahor 
performed  hy  them  and  the  other  expenses  incident  to  the  Imsiness  met. 

••  The  Secretary  of  the  Tieiisiirv  should  also  lie  mithori/ed  to  m-II  the  skins  at  pub- 
lic auction  or  npoii  .sealed  jiroposals  at  Smii  I'ranciseo  or  New  York,  as  he  may  deem 
most  for  the  interest  ot  the  (Jovernincnt. 

••It  should  be  observed  in  this  <-oiiiiectioii  thai  the  (iovernmenl  derived  no  bi-nolit 
whatever  from  tiie  hc.iI  tishery  of  tlio  year  ISb"',  and  that  the  skins  taken  in  lr*{'0  are, 
iioniinally  at  least,  the  pi(i|i"erty  of  two  comiianies,  while  ihtH  lovernment,  diirin)» 
the  hi(.t  year,  has  furnished  )iri)teetion  to  the  natives  and  the,  lislury,  and  has  no  as- 
surance at  present  that  it  will  derive  any  benelit  w  liat«)ver  therctrom. 

••  If  legislation  is  Ion;;  delaycil  the  biisinoss  of  the  year  l^:l)  will  be,  but  a  repetition 
of  that  of  l-^(il>." 

While  the  Canadian  contention  is  Hiipported.  as  has  been  .seen,  by  many  extraijts 
from  the  reports  of  otlicials  of  the  I'nitcd  States  (Jovernmeiit,  it  is  apparent  thai  tho 
desire  (if  the  lessees,  and  indirectly  that  of  the  oflicials,  has  been  to  create  a  monopoly 
in  I  ho  fur-seal  industry,  since  in  ihiswaythe  market  tor  the  skins  is  lar^rely  en- 
hanced ami  the  value  of  the  islands  jxivatly  increased. 

This  is  no  doubt  one  reason  for  the  (li\er>;ent  opinions  eiitertaineil  as  to  the  V)0«t 
rejiiilatioii.s  for  the  preservation  of  seal  life  between  those  who  control  the  islands  and 
those  who  are  compelled  to  liiiiif  the  seals  ill  the  ocean. 

In  siipjiort  of  the  above  assertion  the  following  authorities  are  in  point  : 

Mr.  Ibyaiit,  in  ISdl)  (Seiiati^  Kx.  Doc.  No,  :{'i, 'list  ('one.,  "Jd  sess.),  stated  that  the 
lar;,'e  nnniber  taken  in  I8ti7  and  in  HlH  docreased  tho  Lomloii  valuation  to  §1]  aud  fli 
a  skin. 

Mr.  .Moore,  in  a  report  to  the  Secretary  of  tln^  Treasury  (II.  H.  Hx.  Doc.  No.  h;S,  p. 
VX>,  4  Ith  Con;;.,  1st  sess. ),  says,  w  hen  alluding  to  the  advisability  of  killin^j;  more  seals 
tliiiii  prescribed  by  the  iiet  of  .inly  I,  H7U  : 

"  It  seems  that  the  10(1, U(li)  fiir-sejils  from  our  own  islands,  to;rether  with  the  ;50,((00 
obtained  by  them  from  Asiatic  islands,  besides  tiie  scattering'  fiir-seals  killed  in  tho 
south  seas,  are  all  the  market  of  the  world  can  conveniently  take.  In  fact,  it  is 
jiretty  evident  that  the  verv  restriction  of  the  numbers  killed  is  about  the  most 
valiiablo  part  of  the  franchise  of  the  Alaska  (Jomnit!rcial  t-'ompaiiy,  and  it  is  only  an- 
other proof  of  the  absurdity  of  thelVeiimuit  dun  j^es  made  ay;aiiist  them  that  they  sur- 
reptitiously take  from  our  islands  SiO.tlUO  to  3U,00(J  more  seals  than  they  are  entitled 
to  take. 


"Thete  does  not  exist  any  doubt,  nor  indeed  is  it  denied  by  the  Alaska  Cominerciul 
Company,  that  the  lea.se  of  the  islands  of  St.  I'aiil  and  St.  Geor<;e  is  highly  lucrative. 
The  ;;ieat  success  of  this  franchise  is,  however,  owing,  as  far  as  I  could  ascertain, 
to  three  principal  causes:  I'irst,  the  Alaska  Commercial  Company,  owing  to  the 
fact  that  they  have  tin;  sole  control  of  the  three  Asiatic  islands  on  which  fur- 
seals  are  found,  as  wcdl  as  on  our  own  islands,  as  St.  Paul  and  St.  (jeorge,  virtually 
manage  the  sale  of  hi  per  cent,  of  all  the  I'ur-seals  killed  annually  in  the  world  ; 
secondly,  the  arbitrary  and  sonif'what  eccentric  law  of  fashion  has  raised  tho  price  of 
fur-seals  in  the  markets  of  the  world  during  the  last  four  years  fully  100  per  cent,  in 
value:  thirdly,  time  and  experience  have  given  this  controlling  company  most  val- 
uable advantages.  For  instance,  in  tlu^  island  of  St.  Paul,  where  a  reputed  numl)or 
of  from  l{,(HK),Ot)0  to  :!,r.0(»,0()()  of  seals  congregate,  the  comiiaratively  small  (piantity 
only  of  formerly  7;'), (100  and  now  1RI,00U  are  killed.  The  company  employs  experts  in 
selecting  easily  tlie  kind  that  are  the  most  valuable. in  tho  market,  and  have  no  diffl- 
culty  in  getting  1)0,000  out  of  a  Hock  of  ;j, 000,000  to  ij,. 500,000,  which  are  tho  select  of 
the  select;  and  it  is  owing  to  this  cause,  ami  to  the  care  taken  in  avoiding  cuts  in 
the  skins,  as  also  in  properly  iireparing  them  for  the  market,  that  tho  high  prices  are 


SKAL    riSIIKHIKS   OF    UKMRINO   SKA. 


47 


olitniiHtl.  Iiult'cd,  thp-  I'lict  is  that  ii  fm-M-al  srllinji  now  in  Loudon  Icir  Ci  It'n.  or  C'i 
ix.  ovviiiK  to  ilH  siipi-iior  .inality  and  rxcriifnl  ((inditioii.  Ldioapcr  ilmii  tlio  t'lir- 
.i'al«  M'h  llvo  years  an<>  Ittciicd  Itii  siiiliiiins  Mitwiiiij;.  Tim  loniici-  iiiodc  ol"  tliii  in- 
disc  iti)  i<illin;;<ir  Im-Hfais  was  as  ilct  iiiin'ijtal  to  tin*  salii<-  of  tin-  skins  as  it  \vii» 

10  t.  .  xistfiice  of  tih>  \)Ti'm\.  Willi  sii'li  a  valiiald.-  rraiiriiisi-,  sccmi'd  l,v  a  <nniraot 
liiat  liUHHtill  llt'tfcn  years  to  inn.  Inil  wlueli  emild.  witliont  nolire,  ln(  teiininaled  l)y 
tliti  Secretary  of  tlie  'I'liasnry  lor  cause,  it  wonid  indeed  We  a  suicidal  (xdicv  on  tli'o 
jiart  of  tin"  coin paiiy  (u  intrinsic  on  i  he  siii»nlalJo;is  of  ihe  contract." 

All  this  is  cNplaiued  in  the  evidfuce  lielore  Hie  (;on(,'ressioiiai  ciuuinitlee,  iiaj{e.-i 
77,  Idl,  iii'i,  ail  .  ["Jl,  whore  the  coini>any  is  shown  iiot  to  have  taken  the  lull  (pioia 
ill  two  years. 

"Not  hei'ause  we  ( Id  mil   ;;ct  .•noiijih  seals,  hut  hecaiisu  tlio  iiiarUet  did  not  do- 

iiiaiid  them,  'riiere  were  ideiily  olseals.''  (Kvidence  hidbre  C'oii^rcMHioijul  C'oiiimit- 
tee,  p.  1-Jl.) 

Mr.  Mcliilyre,  oiice  a  special  a>;eiit,  has  alrca<ly  heoii  quotetl,  and  wuh  alttirward.s 
in  ihe  Hcrvici^  <d'tlie  company,  reported,  in  ISti'.*,  to  tiic  .Speaker  of  the  lliiuse  of  l{eii- 
rcseiitatives,  Mr.  Blaine  (II.  ]{.  Kx.  Doc.  No.  ;M,  -list  ('oiiji.,  Vd  scsh.  ).  that  — 

"The  iiumher  of  skins  that  may  In- secured,  however,  should  md  he  taken  as  the 
criterion  oiiwhi(di  to  fix  the  limit  of  the  yearly  <((/(/i,  Init  rather  the  demand  of  the 
market,  kecpiujr,  of  course,  alway.s  within  the  annual  piodnclion.  Ii  ap|ieiirs  that 
under  the  Kiissiaii  inaiiaf;ciuent  a  much  lar;,'er  numhcrwas  sometimes  killed  than 
could  he  advantageously  disposed  of.  'I'lms,  in  I  »o;'.,  after  the  slauuhtir  had  heeii 
conducted  for  some  years  without  rejrjird  to  tiie  imirkci,  an  accumulation  (d'H'"»^(MMi 
skins  was  found  in  the  storehouses  on  the  islands,  7(i(i,(iiHiof  which  were  thrown  into 
the  sea  as  worthlcHH.  At  several  limes  sim  e  that  dale  the  market  has  hceii  ^^luttcd, 
Mild  sales  alumst  (U'  (iiiite  Hiispended.  A  few  mouths  iircviously  to  the  transfer  of 
.\laska  to  the  I'nitcd  States  seal-skins  were  worth  in  i.ondou  onl\  sil.fiii  to  .*;{  each, 
and  several  thonsaiul  skins  owned  liy  the  Kussiau-Aiiierican  (.'om|)aiiy  were  sold  to 
parties  in  San  Francisco,  at  the  time  of  the  trausler,  ;it  'id  cents  tosl,-j."),  a  sum  insnfti- 
cieiit  to  pay  the  present  cost  of  secnriiii;  and  trausportiiin  them  to  that  city.  .Soon 
afterwards,  however,  fur-seal  j^armonis  hecaini'  fashionalde  in  ICuropi",  and  in  the  ex- 
pectation that  the  usual  su])ply  would  lie  cut  oti  hy  ie;isoii  of  the  transfer  of  Alaska, 
ltric(!s  advanced  to  .fil  to  is'  per  skin  :  coutiary  to  Ihe  oxpectation  of  dealers  nioro 
than  'J()(>,000  skins  were  taken  hy  Ihe  various  parties  en;.;a;j;eil  in  the  hiisiucss  on  the 
islands  in  If^fiH,  and  tlie  London  price  has  declined  to  s'.\  to  .*4  jier  skin  ;  and  I  am  as- 
sured that  if  tlie  raw  skins  now  ludd  hy  dealers  in  London  were  thrown  upon  the, 
market,  asiilHcieut  sum  to  pay  the  cost  of  traiis|)ortalioii  from  the  islands  could  hardly 
ho  roalizetl.  'I'lie  iinmhcr  of  raw  skins  now  upon  the  mai  't  is  not  less  tlian  :!;'>(), ikki, 
and  it  is  i>redictod  tiiat  several  years  must  elapse  liefore  the  flemaud  will  a^ain  raise 
the  jriee  ahove  the  present  rate,  if,  indeed,  the  larye  surplus  of  skins  doe.s  not  carry 
it  much  lower  hid'ore  reaction  hcyins.'' 

Many  of  Ihe  dani^ers  to  seal  life  have  heen  mentioned,  and  it  has  heen  shown  that 
the  herd  still  t!iri\t's;  hut  the  wonderful  iiroducli\  eness  of  the  seal  is  further  >lio\\  li 
hy  an  allusion  to  a  dan;;er  irrealer  than  all  the  as.-aiills  ot  man  in  llit;  deep  sea—  a 
daiifrer  ever  existinjf,  which  naturally  tends  to  keep  the  seals  inshore,  or,  wlien  out- 
side, to  scatter. 

Reference  is  made  to  the  killer-whales  and  sharks.  (II.lv.  Ivx.  Doc.  ^;i,  .|4tli  Coni;., 
Isl  scss.,  ]).  177,  and  pp.  ^i),  i~7  of  apiicmlix  to  the  same  document ;  also  page  ',i'>'J  of  evi- 
dence before  Congressional  committee,  l^HH. ) 

"That  these  animals  are  preyed  upon  «!.\tensivoly  by  killer-whales  (Orca  filadiator) 
iu  especial,  and  hy  sharks,  ami  jirohaldy  other  suhuiariue  foes  now  unknown,  is  at 
once  evident;  fur  were  they  not  held  in  (di(!ck  hy  some  such  causi;  they  would,  as 
they  exist  to-day  on  St.  Paul,  iiuickly  multiply,  hy  arithmetical  ]>  ogre.ssioi,,  to  so 
groat  an  extent  that  the  island,  nay,  Hidiring  Sea  itstdf,  could  not  (Mintain  them. 
The  present  annual  killing  of  l(i(),ni)()  out  of  a  yearly  total  of  over  a  million  males  does 
not  in  any  appreciable  degree  diminish  the  seal  life,  or  inleif(ire  in  the  slightest  with 
its  regular,  sure  perpetuation  on  the  breeding  grounds  every  year.  We  may,  there- 
fore, properly  look  upon  this  aggregate  of  four  and  liveinillions  id'  fur-seals  as  we  see 
them  every  season  on  these  Pribylov  Islaiuls  as  the  inaximiim  limit  of  increase  ;is- 
signed  to  them  by  natural  l.iw.  The  great  C(|uilil)riiim  wliicdi  nature  ludds  in  life 
upon  this  earth  must  be  sustained  at  St.  Paul  as  well  as  elsewhere.  (Elliott's  report, 
pp.  (i-.i,  C4.) 

"When  before  the  Committee  of  Ways  and  Means  on  the  17th  of  March,  lp'7ti,  on 
the  investigation  before  alluded  to,  Mr.  Klliott  made  a  similar  statement,  giving  in 
somewhat  greater  detail  the  reasons  for  his  conclusions.  His  evidence  will  hi^  found 
annexed  to  the  report  of  the  committee."  (Report  No.  023,  H.  R.,  l-lth  Cong.,  1st 
8688.) 

Respecting  the  practice  of  sealing  as  known  in  Canada,  it  may  ho  said:  Canadian 
sealers  st.irt  out  upon  their  sealing  voyages  some  time  in  the  beginning  of  the  year. 
The  vessels  go  down  to  a  point  otl  San  Francisco,  and  from  thence  \N..rk  north.     The 


48 


SEAL    FISHERIES    OF    HEHRING    SEA. 


sciilrt  taken  l)y  them  off  tlie  coast  are  of  l)()tli  sexes,  many  in  juip.  some  young  bulls; 
vcrv  few  old  bulls  run  in  the  I'aeilie  Ocean. 

The  catrli  of  each  vessel  will  avfrai;c  between  .")Cm)  anil  700  seals  a  year  between  1st 
of  .lannary  anil  the  end  of  May. 

When  an  nntrained  «Tew  is  laken,  many  shots  nniy  be  tired  wiHiont  hitting  the 
heals  at  all,  since  tiie  novice  expi-cts  lie  can  liit  when  at  considerable  distance,  tile 
seals  in  s\icli  ca><es  cscapiii;;-  entirely;  but  with  Indian  hunters  and  expert  whites  a 
seal  is  nearly  always  caplnred  when  liil.  An  expert  never  shoots  until  after  he  has 
arrived  at  chise  (|naiters.  and  u'  nerally  when  tin-  st-iil  is  asleep. 

In  iiehriiiu;  Sea  the  catch  is  made  up  iar^^ely  of  younjx  bachidors. 

Sealing  captains  contend  that  no  male  bec'onics  tit  for  tlie  rookeries  until  six  years 
of  aj;e.  Tiiis  contention  is  supported  by  the  authorities  to  whom  reference  has  alread\ 
been  made. 

It  is  furllicr  contended  that  shoiihl  a  tem]>orary  diminution  of  seal  life  bcicome  aj>- 
parent  upon  the  islands  oft  lie  I'ribytov  'ironii,  it  would  not  follow  that  the  herds  were 
decreasiiij;.  I'lofcssor  Klliott,  in  his  rei)(/rt  of  l-'7l  n))on  Alaska,  so  frequently  re- 
ferred to  in  this  jiaper,  argues  c"  panics  'J').")  and  '.'(ii!  that  in  such  a  ease  a  corres))ond- 
in.U  an^^mentation  may  occur  in  'oi)))er  i>r  IJeiirin^  I.sland.  siiu;e  ''tliese  animals  are 
n()t  particularly  attaclied  to  the  respective  jdaces  of  their  birth." 

••''■Jius  it  api>ears  to  me  necessary  that  deliiiite  knowledjjje  ctmeerninf;  the  Com- 
mander Islands  and  the  Kurilessli.iuJd  be  ))ossessed  :  without  it  I  should  not  hesitate 
to  siiy  that  any  re'xut  made  by  an  ajrent  of  the  Department  as  to  a  visililediminutioi! 
of  the  seal  life  on  the  I'riliylovs  due,  in  his  opinicm.  to  liic  etl'eot  of  killinuf  as  it  is 
conducted  was  without  ;;ood  foundation:  that  this  diminution  would  have  been 
noi!"ed  just  the  same  in  all  likelihood  had  there  been  no  takiuj;  of  seals  at  all  on  the 
islands,  and  that  the  missinj^-  seals  are  more  than  probably  on  the  Russian  grounds." 


[Inelosure  4.] 

NOTE  ON  THE  QUESTION  OF  THE  rKOTECTION  OF  THE  FUR-SEAL  IN  THE 

NORTH  rACJFIU. 


(l!y  Mr.  Gt>ori:>'  Dawson,  D.  S. 


F.  C.S.,K.  R.S.C.,  K.  K.  M.S.,  Assi.stiiiit   Director  of  the  Geological 
Survt'v  of  (.'aiiiiila.) 


The  mode  of  protection  which  is  apparently  advocated  by  the  T''uited  States  Oov- 
ernnient  in  the  ease  of  the  fnr-seal,  viz.  tha.  of  leasinjjf  the  ])rivilege  of  killing  the 
animal  on  tlu'  breeding'  inrounils  and  prohibitine  its  cai>liire  elsewhere,  is  a  now  de- 
l>artnre  in  the  matter  of  such  jn'otection.  If,  imleed,  the  whole  sweep  of  the  Pacitie 
Oce.'ui  north  of  the  ei|uator  was  doiniiiattd  and  etfectively  eontrolie<l  by  tiie  l.'nited 
.^states,  something  might  bi^said  in  favor  of  some  such  mode  of  protection  from  a  com- 
mercial i)oint  of  view;  but  in  the  actual  eircuiiistances  the  results  would  be  so  en- 
tirely in  favor  "the  United  States,  and  so  completely  opposed  to  (he  interests  and 
natural  rights  oi  cifizi'us  of  all  other  countries,  that  it  is  ])rei>osterous  to  suppose  that 
sacli  a  mode  of  ))rotection  of  these  animals  '-an  lie  maintained. 

Such  an  assumption  (.in  lie  based  in  this  ease  on  one  orotheronly  of  two  grounds  : 

Sfate<l  brielly.  the  ])ositioii  of  the  United  States  in  the  matter  ajipears  to  be  based 
on  the  idea  of  allowing,  for  a  money  consideration,  the  sl.i'  ghter  of  tlie  maximum 
possible  number  of  seals  cumjiatible  with  t!ie  continued  existence  of  the  animals  on 
the  J'ribylov  lslan<ls.  while,  in  order  tlur:  this  number  -tliall  not  l)e  rediiceil,  ni*  .seal- 
ing is  to  be  iiermitted  elsevvhere 

(I)  That  llehring  Sea  is  a  marc  vlausuin. 

i'i)  That  each  and  every  fnr-.seal  is  the  properly  ot'the  United  States. 

lioth  claims  have  been  nunie  in  one  form  or  other,  but  neither  has,  so  far  as  I  know, 
been  otficially  formnl.-ited. 

The  first  in  sim))ly  dis|iii>ved  by  the  geographical  features  of  Hehring  Sea,  by  the 
fact  that  t'-is  sea  and  l-  liring  Str.iit  contriinite  the  open  higliway  to  the  Arctic  and 
to  ]iart  of  the  northern  shore  of  ('anada,  by  t  h"  )U'e\ioiis  action  of  the  1  iiited  States 
(:overiime::t  w  lien  this  sea  was  nearly  surroiuided  t)y  IvUssiaii  territory,  ami  by  the 
fact  that  from  l-'I'J  to  the  date  of  the  junchase  of  Alaska  lleets  of  I'nited  .States  and 
otlicr  wjiahu's  were  aniiiiiiUy  engaged  in  Kehring  Sea.  It  is  scarcely  possible  that 
any  serious  attem|it  will  bt;  made  to  support  this  contention.  (Bancroft's  History, 
vol.  :{:i,  Alaska,  p.  .")83  ct  seii.) 

The  second  groniul  of  claim  is  (  indidly  advanced  by  H.  W.  Elliott,  who  writes  : 

■'The  fur-seals  of  Alaska,  collectively  and  individually,  are  the  jirouerty  of  the 
(ieneral  Oovernmont.  *  »  *  Every  fur-seal  playing  in  the  waters  of  Behring  Sea 
around  about  the  Pribylov  Islands,  no  matter  if  fi  uud  so  doin^;  100  miles  away  from 


>       's 


SI^xVL    FISHERIKS    OF    BEIllv'IN(i    SEA. 


40 


tlidso  lonkerios,  beloiiu,-  tlicrc,  li;is  Ikmmi  bojjotrt'ii  iiml  l)orn  rln'rooii.  ainl  is  tlie  iuiiiiiiiL 
tliat  till'  explicit  sliiclil  of  the  law  prottiots.  \o  li'^-  il  rtoiiliisiii  or  ijiiiliblo  i-aii  clouil 
till' whole  truth  of  my  sriitciiuMit.  *  ^  *  The  marti-i- is,  howiivtu",  uow  thoroughly 
ap|irociat«(l  anil  innliirstooil  at  the  Ticasiuy  Departiiu-ut.  ami  has  boon  (liiriuij;  the 
]ia.st  tbm  years,  as  th«  seal  i)irates  have  lUseovered  to  their  eliagriii  and  disLoiiiliture.'' 
(IJ.  S.  U'th  (Viisiis,  vol.  S,  Fur-Seal  Islimls.  j).  loT.) 

Waivin;;'  tor  the  iiionient  the  jjciieral  ol)jectii)ii  wliieli  iii;iy  be  raised  to  tin  eiitbrce- 
meut  ot  such  a  priiieiple  on  tiie  hln'h  si'c— iii  eiiforeumeiir  which  tiui  I'nited  States, 
in  the  interest  of  tlie  Alaska  Kiir  L'oinpiiny.  appear  to  have  undertaken — th'»  facts 
niton  whicdi  the  assuiniition  are  basrd  may  be  (lne^tionell.  Mr.  Elliott,  in  fact,  hini- 
sidf  writes,  on  the  siuu'  pay,)' i  referririj;  to  the  presence  of  a  la.rj;e  soaiiuii  fleet  in 
Hehrinsf  Seal,  t!;at  it  could  not  fail  "in  a  few  short  vears  in  so  hurassip:;-  ami  irritat- 
inj;  the  brecMlinu;  seals  as  to  canst;  their  withdrawal  from  the  iVIa-ika  rookeries,  and 
[irobable  retreat  to  those  of  l\ussi:. — a  soiirci;  of  undonbted  Muscovite  delij^lit  and 
iMUolnuHMit  and  of  e(ivrnsi)oudiun  'oss  and  sh  irne  to  us." 

This  reiiKirk  implies  that  the  se.ils  may  resort  to  either  the  I'riiiylov  or  the  Ru.ssiaii 
islands,  accnrdin<^  to  circumstances ;  and  who  is  to  jml.^-.-.  in  the  case  of  a  |iarti(!ular 
aiiitnal.  in  which  of  these  places  it  has  been  born  .'  The  old  theory  thai  the  seals 
returned  cacdi  year  to  the  same  spot  has  been  amply  d!s)u'oved.  Elliott  himsidf  ad- 
mits this,  and  it  is  (•outirmed  i((|>.  cit..  p.  :U  t  by  ( 'apt.  Charles  Ibyaiit.  who  resided 
eijrht  years  in  the  Pribylov  Isl.uids  as  rb)verinncut  .lirent,  and  wiio,  liaviiii;  markcil 
Uiil  Heals  in  1^7(1,  on  St.  I'anl  Island,  recoifiii/.i-d,  the  next  year,  t  oi  tlicm  in  diifereiit 
rookeries  on  that  island  and  "2  on  Si.  Georjfo  Island,  i  Monoijraidi  on  Xiuth  American 
Finnipcdes,  Allen,  ISSU,  p.  4i)I.) 

It  i.s,  moreover,  by  no  means  cei'tain  that  the  fur-seals  breed  exclusively  on  the 
JJnssiau  and  Fniteil  States  seiil  islands  ot  Ibdiriiij;-  Stja.  thon<;li  the.se  islands  are  no 
doubt  their  i>rineii)al  and  imjiortant  breediiii;-  plaiM-s,  They  were  formerly,  according; 
to  Captain  Sliaunun,  found  in  considcr.ible  numbers  ;>n  thi!  coast  of  (jalifornia :  and 
C'apt  Biy;iut  was  credil)ly  intormed  (••  .Marine  .Mammals  of  (,'oast  of  Xorthwest  N'orth 
America,"  p.  lovJ,  lol,  (jiioted  by  Vll-'U,  op.  cit.,  p.  'XVii  of  tlie  existence  in  leceut 
years  of  small  breediut;  colonii's  of  these  auiinals  on  the  l^ueeu  Charlotte  Islands  of 
Hritksh  Columbia.  Mr.  Allen  further  (piotes  from  the  oltservations  i)f  Mr.  .fame.s  G. 
Swan,  Held  assi.staut  of  the  IJniWvl  .'^taies  Commissioner  ot'  Fish  and   Fishcric.-.. 

"  Mr.  Swan  "  (I  quote  from  .Mr.  I'.lliott^  •'  has  passed  nearly  an  aver.iijie  lifvi-tiuie  on 
the  Northwest  coast,  an<l  has  reinlereil  to  natural  science  and  to  ethnology  etWcieut 
and  valuable  servico." 

Mis  statements  may  therefore  be  received  with  respect.     Mo  writes: 

"  The  fact  that  they  (the  fur-seals)  do  bear  pups  >n  the  ojteu  ocean.  olV  Fuca  Strait, 
is  well  established  by  the  evidence  of  every  one  of  the  se.'iliiiy;  captains,  the  Indians, 
and  my  own  personal  observations.  Dr.  Power  says  the  facts  (lo  not  admit  of  disjinte. 
*  *  *  It  seems  ,s  preposteroes  to  my  mind  to  ^appose  that  all  tin'  t'ur-seals  i>f  the 
North  Pacific  go  to  the  l'ril),\lov  Islands  as  to  suppose  that  all  the  salmon  go  to  the 
Columbia  or  Fiaser  Kiver  or  to  the  Yukon." 

To  this  Prof   '"*   S.  Jordon,  th(>  well-known  naturalist,  adds : 

•'  I  may  remark  liiat  I  saw  a  live  fur-seal  imp  at  Cajie  Flattery,  taken  t'roni  .vu  old 
seal  just  killed,  showing  thitt  the  time  of  liringing  them  forth  was.jnst  at  hand." 

On  the.se  statements  Mr.  Allen  himself  remarks; 

•'These  observations,  aside  from  the  judicious  suggestions  made  liy  Mr.  Swan,  are 
of  special  iut'M-cst  as  eontirmine  those  made  some  years  ago  by  Captain  Hryaiit,  and 
already  brieily  recorded  in  this  work.  Tiicy  seem  to  show  that  at  least  a  certain  niim- 
l»er  i  '  fur  seals  repair  to  se(du(le<l  pl.accs,  suited  to  their  needs,  as  far  south  as  the 
latit..,le  of  Cape  I'la  terv,  to  bring  tbrtli  their  voung.''     ('.VUon,  op.  rtt.,  pp.  411,  TT*i, 

Mr.  I'Hliott,  of  coUi'se.  stmitly  deui  's  the  anthci.ricity  of  all  these  observations,  it 
being  necessary  to  <io  so  in  order  tn  naintaiu  his  coulentiou  as  lo  the  ownership  of 
the  ijnited  States  (ioveniinint,  or  ihi!  Al:l^ka  Fur  Company,  as  (he  case  in.iy  bi'.  in 
tilt!  seals. 

U  has  fnrtht.r  been  often  stated  tlia^  tlie  killing  .)f  fur-.seals  in  t  >•  open  sea  otf  lli(> 
'North  Pacilic  coa.-;t  is  a  coniparadvidy  new  dep.'rture.  while  it  i-  as  a  nuittcr  of  fact, 
morally  eertaiii  that  the  Iinlians  of  the  wl,  >le  length  of  that  co.ist  liave  pursuetl  ami 
killed  these  animals  frem  tiie.c  immemorial,  As  the  value  of  the  skins  h.ts.  liowi  ver, 
<Mily  of  late  ye.ars  become  fully  cuown  and  .ipi>reei:ife<i,  it  is  natnr.illy  ilitlicult  to  idi- 
tain  nimh  trustworthy  e\iilenc)  of  tliis  without  consiilerabie  research.  Some  facts 
c.in,  however,  lie  ailtluceil.  Thus,  Captain  .-^hi.nnou  ib  seribeil  tlii>  moilc  of  hunting 
seals  in  canoes  tunployetl  l>y  tlie  '  idi  ins  id'  N'aiicouver  Island,  and  refers  to  the  capt- 
ure of  seals  i)y  the  Indi.nis  otf  th     -^tiaits  ot  Fuca,  where,  he  adds,  they  appear — 

"Some  years  as  early  as  the  1st  of  March,  and  more  or  less  rcm.ain  (ill  .Inly  or  Au- 
gust, but  they  are  most  plentiful  in  April  ami  May.  Durin;/  thrtst  tiro  moiith>i  tho 
Indiann  devote  nviirlfi  all  tlwir  time  to  nealinij  when  Ike  weather  will  pei  mit." 

H.  Ex.  450 i 


I.I 


.n 


SEAL    FISHERIES    OF    BEHRING    SEA. 


Ill 


III  l.'^4:!  to  1-til  "Illy  a  iVw  (Io/cm  skins  ai'i-  known  to  linv(>liiM>n  taken  annnally,  buc 
ill  l^G'J  I'lilly  .'i,(iii(t  \v(.Tc  olitauKd.     Mr.  Allrn.  writing  in  lr;-n,  Htatfslhat  — 

"  IJurin^'  tlif  winter  months  eonsidiTiilde  numbers  oC  seal-skins  are  taken  by  tin 
natives  of  British  (.'ohiniliia,  sonu'.  years  as  many  as '^,0(1(1."  (Allen,  up.  (iL,i>\).  3;i',', 
:j71,411.) 

The  protectioi;  ot  the  fnr-seals  from  extermination  has  from  time  lo  lime  been  .si)e- 
cionsiy  advanced  us  a  sntlieient  reason  tor  extraordinary  departures  from  the  respect 
u'  iiaily  p.'iid  tojirivatc  ))roperly  and  to  intennitional  ri;;lits  ;  but  any  pi-otection  based 
o!i  the  lease  of  the  lireedin^;  uroimds  of  these  animals  as  j)laees  of  slaiif;hter,  and  an 
attem})t  to  jireserve  the  seals  when  at  large  and  spread  o\er  the  ocean,  an  they  are 
dnrinj;  I  lie  j^reater  part  of  each  \ear,  is  unfair  in  its  ojieratiou,  unsound  in  principle, 
and  iiiipiacticable  in  enforcement. 

Hefeniiig  to  the  interests  of  liie  Indi.'.ns  of  the  Northwest  coast,  it  is  true  that  a 
certain  number  of  Aleuts  now  on  the  I'ribylox-  IslandsiHUH  iii  all.  aecordiiin  to  Elliott) 
are  dependent  on  the  sealinj;  business  tor  subsistence,  but  these  islands  were  uninhab- 
ited whtni  (li.seovertHl  by  the  linssians,  who  brought  these  ]>eo)dt!  hero  for  their  owu 
convenience.  Further  south  along  the  coast  the  natives  of  the  Aleutian  Islands,  of 
the  southeast  coast  of  Alaska,  ami  of  the  entire  coast  of  British  Coliimbiii  lia\('  been, 
at.il  still  are,  accustomed  annually  to  kill  considerabh^  numbeis  of  seals.  This  it 
winild  be  unjust  t"  iuteit'ere  \\  ith,  even  were  it  possible  to  (!arry  out  any  regnlations 
with  that  eftect.  The  further  dcvelo])ment  of  oceanic  selling  atl'ords  eiiipioymcnt  to, 
and  serves  as  a  mode  of  advaiK'einent  •■ind  civili/aiion  for.  these  Indians,  ami  is  one 
of  the  natural  industries  of  the  coast.  No  allusion  need  lie  ni.ide  to  the  prescriptive 
rights  ot  the  while  sealers,  which  arc  well  known. 

The  nnsoundness  oi  this  prim  ijde  of  conservat ion  is  shown  by  wliat  has  occurred  in 
the  southern  henii>p!icre  in  resjicct  to  tlit^  fur-sejils  ol  that  region.  About  the  begin- 
ning of  the  century  very  productive  sealing  grouiuls  existed  in  the  Falkland  Islands, 
Kerginden  Islands,  (Georgian  Islands,  the  west  coast  of  I'atagonia,  and  many  other 
]daccs  similarly  situat<'d,  all  of  w  Inch  were  in  the  course  of  a  few  years  almost  ah.so- 
liitely  stripped  of  seals,  and  in  many  tif  which  the  animal  i^:  now  ))r;ictically  extinct. 
This  di'struct ion  of  the  s-uithern  fur-se;iling  trade  was  not  cansv'd  by  prondscuous 
sealing  at  sea,  but  ''ntiicly  by  huiiiing  (ui  and  around  the  shorts,  and,  had  these 
islands  been  jnotcctcd  as  breeding  places,  the  fur-seals  would  in  all  probiibility  be 
nearly  as  abundant  in  the  south  to-day  as  they  were  at  the  date  at  which  the  trade 
commenced. 

The  im])racticability  of  i>reveiiting  the  killing  of  seals  on  the  op(Mi  sea  and  of  effi- 
ciently patrolling  the  North  Pacific  for  this  purpose  is  sutiticienlly  olivious.  The  seals, 
n'oreover,  when  at  sea  (in  marked  contrast  with  their  boldness  and  docility  in  their 
breeding  places),  are  <'xtremely  wary,  and  the  number  which  can  be  obtained  by 
legitimate  hunting  at  sea  must  always  he  small  as  eomiiare.d  with  the, total.  lOlliott, 
in  tact,  states  that  the  seal,  w  hen  at  sea,  "  is  the  shyest  and  wariest  your  ingenuity 
can  detine."'     {Op.  cit.,  p.  (J.").  ) 

The  jiosition  is  such  that  at  the  present  time  the  ])eriietuatioii  or  the  exterininatiou 
of  the  t'lir-seal  in  the  North  I'.iciticas  a  commercial  factor  piai'tically  depends  entirely 
on  till'  regulations  and  restrictions  which  may  lie  .applieil  liy  the  I'liited  Stales  to  the 
I'ribylov  Islands,  and  now  that  this  is  nndeistood  a  regard  for  the  general  intei'estof 
its  own  citizens,  as  well  as  for  those  of  other  countries,  demands  that  the  exterininatiou 
or  serious  deiiletion  of  the  seals  on  their  breeding  ishr.ids  should  be  prevented.  It  is 
l-robably  not  necessary  for  this  |)iirpose  that  the  killing  of  seals  on  these,  islands 
should  be  entirely  prohibited.  Both  lOlliott  ar./i  Bryant  show  goou  reasini  for  believ- 
ing that  a  large  number  of  seals  may  be  killed  annually  without  reducing  the  average 
aggregate  nninbir  which  can  find  suitable  lireeding  grounds  on  I  liese  islands,  and  after 
the  very  git>at  reduction  in  nun.iMTs  whiidi  occurred,  owing  to  an  inclement  season 
about  l^'M'  (I'dliott  1.  or  1-1"J  (Bryant),  the  seals  increased  scry  rajiidly  again,  and  ill 
a  few  ye;iis  being  nearly  as  numerous  as  in  Ir'.i,  when  the  total  number  on  the  isl- 
ands was  estimated  at  over  4,7011,000. 

By  retainiiigan  ellicieiit  control  of  the  nimiberof  seals  to  be  killed  on  the  Pribylov 
Islands,  and  by  lixiiig  this  number  anew  each  season  in  accordance  with  eircuin- 
stances,  the  Fniti  il  States  (I.veiiiment  will  be  in  a  ]iosition  to  counteract  the  effect 
of  other  causes  tending  to  diminish  the  number  of  seals,  w  bet  her  climatic  or  resulting 
from  the  killing  of  a  larger  number  at  sea.  There  is  no  reason  lo  ai>preheiid  that  the 
number  of  seals  which  might  thus  lie  s.'ifely  killed  on  the  isliinds  would  under  any  (ur- 
cninstances  be  so  small  as  to  fail  to  cover  the  cost  of  the  administration  and  jirotectioii 
of  the  islands.  If  such  ;i  policy  as  this,  based  on  the  common  inten^sls  in  tin*  preser- 
vation of  the  seals,  were  adopt<'<l,  it  might  ln»  reasonable  to  agree  (for  the  purpose  of 
siifeguarding  the  islands  and  for  police  purposes^  that  the  Juri.sdictioii  of  the  United 
States  in  this  matter  should  be  admitted  to  extend  to  some  greater  distance  than  this 
usual  one  of  :!  marine  miles,  though,  as  shown  further  on,  the  necessary  distance 
would  not  be  great. 


SEAL    FISHERIES    OF    BEHRING    SEA. 


51 


'I'lic  .situation  of  tlic  l•^bvlo^•  Islands  and  tin;  habits  of  tin-  seal  togotlior  tjniHc  tlie 
jiroldcni  of  its  im.'scrvation  to  he  ont-  of  fxtreinc  simplicity  if  ai)])roa('liiMl  from  tho 
point  of  view  of  iirotfcrion  on  and  ahont  tlio  ishinds,  hut  oi'io  of  very  great  diflieiilty 
if  looked  at  from  any  other  staiid-iicint.  The  loiiir-coufiniied  and  i>resiiniiihly  aecii- 
lale  observations  whieh  have  been  made  on  the  habits  of  tiie  seals  show  that  (luring 
the  entire  br  ediii;;  setison  they  are  veiy  elosely  confined  (n  tho  immediate  shores  of 
the  breedin,,-  islands,  and  thai  ni'ither  in  arriving  nor  in  departing  from  thesi-  islands 
do  they  for  n  schoids  or  aiijiear  together  iti  such  nnmbeis  as  to  tender  |)r(tmiscuonH 
>langhtor  at  «ea  possible.  The  old  biill.s  aclually  remain  on  slion-  during  the  entiro 
breeding  season,  wiiiio  the  femaiis.  tluuigh  leaving  tlieiv  yoniig  fi  ;n  time  to  rime  for 
the  water,  arc  described  its  haunting  the  immediate  vicinity  of  the  shores  just  bi'voiul 
the  line  of  surf  Evon  the  ba(  helor  seals  (Elliott,  op.  cit.,  pp.  4.'*.  (il  et  panniiu ;  \llcn, 
op.  cit.,  p.  ;W(!),  which  constitnte  ti  distinct  body  while  ashore  and  aie  not  actually 
engaged  in  breeding  or  protecting  the  young,  are  said  to  remain  (dose  to  the  slioio. 
If,  however,  any  seals  are  to  btf  fonnd  at  this  time  going  to  or  retnrning  from  the 
>ea  iit  some  distance  fr' .n  land,  lln-.^e  liclong  to  the  '•  baiditdor  "  ( lass,  whiih  is  tho 
very  class  sidecti'd  for  the  killing  by  the  fnrcumpany.  'J'he  yonng  temales.  after  leav- 
ing the  islands  in  the  year  ot  tlicir  liiith,  do  not  ri'tnrn  at  all  till  .iffcr  nai  bin;,'  ma- 
inrity  in  tlieir  thinl  year.     (Allen,  up.  cit.,  p.  -lO'J.j 

The  evidence  obVaincd  by  (Jajitain  I'.ryant  shows  that  while  ••small  groups  of  small 
M-als  (apparently  one  and  two  ,\t;ars  ohlj"  a'c  met  with  at  large  in  Hehring  Sea  dur- 
ing Jul  v  and  Aiigiist,  no  considerable  nnmbersof  schools  are  to  be  found.     (Allen,  op. 

■  it.,  p. '-411.) 

It  is  thus  ap]»aient  that  the  ))erfert  security  of  the  seals  actually  -.ignged  in  breed- 
ing and  suckling  their  young  m.'iy  be  secured  without  extending  the  limits  of  jjiotec- 
lion  beyond  the  usual  distance  of  15  miles  from  the  slioi-cs  ot'  the  breeding  isljirds.  I)ut 
that  (or  the  put  pose  of  increasing  the  III  cil  it  i>',s  ot'  supervision  a  Miime  what  nider  limit 
might  reasonably  be  accorded.  Possild\  by  di'lining  an  .srea  incdox^d  by  lino  ioining 
]pointH  '.\  miles  oil'  the  extreme  he;idlaniN  ,iud  inlets  of  the  rril>ylo\  gr(mp.  an  ample 
and  unol:.jection;iblc  area  (d' jtrotect  ioc.  might  be  estaliii^hed. 

It  is  allowed  ly  all  mitur.a lists  that  ■  he  habits  of  the  fur->-eal  sof  the  s<uith(;rn  Iiemi- 
spherc  ate  idci.iual  wilh  those  of  the  seal  of  the  N(U'th  I'acilic,  aii<  it  is  tlu'refore  a<l- 
missible  to  (|iiote  the  observations  of  Dampu'r  on  ■Jiiaii  Fernande/  Inland  iti  further 
I'otitirination  of  the  fact  that  thesi  animals  go  only  for  a  very  short  distance  from 
laud  during  the  breeding  season,  even  when  in  immense  multiru<les  on  the  siioro. 
Dampier  writes  : 

•'  Here  arc  always  thousands,  I  might  say  jxissibly  millions  ol"  iIumu,  (dther  silting 
oil  the  bays  or  going  and  coming  in  the  sea  mr.iid  the  islands,  which  is  covered  with 
them  (as  tht-y  lie  at  the  toj*  of  the  walei'  idayiu;;  .ami  sunning  i  lieniselves  >  /'or  a  mile 

■  <v  two  from  the  xh  ore."  ("A  New  N'oyage  }{</.. mi  the  World,''  ITu:! ;  qnoteil  liy  Allen, 
op.  cit.,  p.  XU.) 

These  rookeries  have,  like  others  in  tho  South,  been  long  since  ilephded  and  aiiaii- 
doned. 

The  circumstance  that  tlie  feniiile  fur-seal  liecomes  pregnant  within  a  few  days  after 
the  birth  of  its  young,  ami  that  the  period  of  gestation  is  noarlv  twelve  luouths,  with 
the  fact  that  the  skins  are  at  all  times  lit  for  market  (thoiir  for  a  few  wetfks,  ex- 
ti'iiding  from  tluMiiiddle  of  August   to  the  end  of  .Septeinltc!  the  progress  of 

the  shedding  and  renewal  of  the  lougi-r  hair,  tlie\-  are  of  less  ^  i  iw  fh:if  there 

is  no  initural  basis  for  a  close  season  generally  applu-able.  Tiius,  -^uould  \  cl.i.io 
season  be  ad\ocatod,  its  length  .ami  tin?  time  of  year  duriuix  wlii(di  it  wlia!'  ur.  cm 
only  be  determined  as  a  matter  of  conveniemte  ami  be  of  the  iiatiire  of  a  i  ompromiso 
between  the  various  interests  iu\oived.  The  pelagic  halufs  of  the  seals  duriu_  fully 
six  niontlis  of  each  year,  and  the  fact  that  tlie\  are  during  the  eutir*-  winter  seas.)n 
widely  disiii'rsed  ovtM*  the  Pacilic,  constitute  ;i  natural  and  unavoidalile  close  sea.son. 
It  is  thus  only  po.ssibhi,  from  a  c(>mmer(dal  point  of  view,  to  kill  the  seals  during  the 
]H'riod  of  their  approximate  conceiitrati(Mi  for  migration  or  when  in  Hehring  Sea. 
This  is  the  period  fixed  byn.atu.e  during  whiidi  .seals  may  be  taken,  ami  any  arti- 
ficial close  .sciison  can  l)t>  elfeetive  only  if  ai>plied  to  the  further  curtailin  nt  of  the 
time  at  whiidi  it  is  possible  to  c  irry  on  the  lisliepy.  It  may  be  assumed,  therefore,  as 
Mich  a  close  season  for  seal  hi.uiingat  .sea  must  be  purely  arbitrary  itid  artilicial, 
that  any  do.se  season  jiroposei'  by  the  Cnited  States  or  the  lessees  id'  the  seal  islands 
will  be  (diosen  entirely  iu  the  interest  of  sealing  on  shore,  and  so  arr.iuge.d  as  to  len- 
der  the  time  of  sealing  on  the  open  sea  as  short  and  unprolit.ible  as  possible.  It  is 
thus  iinporlant  th.it  the  sea-going  sealers  shoiihl  at  least  h.ive  an  eipial  voice  in  the 
matter  of  the  time  and  duration  of  a  do.se  jteriod  if  such  should  be  conremplated. 

(iKomii':  M.  Dawson. 

Mauch  f),  WJO. 


52 


SEAL    FISHERIK.S    OF    BEHRING    SEA. 


No.  i;i. 


r    ill    { 


'I     ? 


*S'//'  'h(li(ii(  P(i}nu('/(tt<:  to  ^fr.  Blaine. 

\Vasiiin(;ton,  Ai>fil  ~,  ls[\(i.     (lUnMnved  April  30. j 

Deau  Mr.  IJlaink:  At  tlie  last  sitting  of  the*  Coiifort'iice  on  the 
Behriiif;-  Sea  Fisheries  (niestioii,  yon  expressed  donbts,  alter  reading 
the  ineiiioranduin  ul"  the  Canadian  Minister  of  Marine  ami  Fisheries, 
whicli  by  \onr  I'onrtesy  has  since  boen  printed,  whctlier  any  ai'range- 
nient  eonld  be  arrived  at  that  wonld  be  satisl'aetory  to  Canada. 

Yon  observed  that  the  proposal  of  tlie  United  States  had  now  been 
two  years  before  Tier  Majesty's  (iovernnient,  that  there  vras  nothing 
fnrther  to  urge  in  support  of  it;  and  you  invited  me  to  malce  a  counter 
proposal  on  their  behalf.  To  that  task  I  have  most  earnestly  applied 
Uiyself,  and  while  fully  sensible  of  its  ^rcat  difliculty,  owing  to  the 
contliet  of  opinion  and  of  testimony  whicli  has  manifest.  I  itself  in  the 
course  of  our  discussions,  I  do  not  despair  of  arriving  at  a  solution  winch 
will  be  satisfactory  to  all  the  (loveriiments  (loncerned.  It  has  been  ad- 
mitted, from  the  commencement,  that  the  soh»  object  of  the  negotiation 
is  the  preservation  of  the  fur-seal  species  for  the  benetit  of  matikind, 
and  that  no  considerations  of  advantage  to  any  particular  natiop,  or  of 
benefit  to  any  i)rivate  interest,  should  enter  into  the  question. 

Such  being  the  basis  of  negotiation,  it  wouhl  be  strange  indeed  if  we 
shoidd  fail  to  devi."e  the  means  of  solving  the  tiilliculties  which  have 
unfortunately  arisen.  1  will  proceed  to  explain  by  what  metliod  this 
result  can,  in  my  judgment,  be  attained.  Tlie  great  divergence  of  views 
which  exists  as  to  whether  any  restrictions  on  pelagic  sealing  are  neces- 
sary for  the  i)reservation  of  the  fur  seal  si)ecies,  and  if  so,  as  to  the  char- 
acter and  extent  of  such  restrictions,  renders  it  impossible  in  .jiy  oi)in- 
ion  to  arrive  at  any  solution  which  would  satisfy  jiublic  opinion  either 
in  Canada  or  Great  Britain,  or  in  any  country  which  maybe  invited  to 
ac«!ede  to  the  proposed  arrangement,  witiiout  a  full  inquiry  by  a  mixed 
commission  of  exi)erts,  the  result  of  whos«^  labors  an«l  investigations, 
in  the  region  of  the  seal  fishery,  would  pioi>'ibly  dispose  of  all  the  points 
in  dis])ute. 

As  regards  tiie  immediate  necessities  of  t':ie  case  I  am  prepared  to 
recommendtomyCxovernment  for  their  approval  and  acceptance,  certain 
measures  of  precaution  whicli  might  be  adoiited  provisionally  and  with 
out  prejudice  to  the  ultimate  decision  on  the  points  to  be  investigated 
by  tlie  commission.  Those  measures,  which  I  will  explain  later  ou, 
would  elfectually  remove  all  reasonable  apprehension  of  any  depletiou 
of  the  fur  seal  species,  at  all  events,  pending  the  report  of  the  commis- 
sion. 

it  is  imp(»rtant,  in  this  relation,  to  note  that  while  it  has  been  con- 
tended on  the  part  of  the  United  States  (lovernmrnt  that  the  «lei)letion 
of  the  fur  seal  species  has  already  commenced  and  that  even  the  exter- 
mination of  the  s[)ecies  is  threatened  within  a  measurable  si)aceof  time, 
the  latest  reports  of  the  United  States  agent,  Mr.  TiiigU^,  are  such  as 
to  dissipate  all  such  alarms. 

Mr.  'Jingle  in  1887  reported  that  the  vast  number  of  seals  was  on  the 
increase  and  that  the  condition  of  all  the  rookeries  could  nor  be  better. 

In  his  later  report,  dated  July  .Jl,  1888,  he  wrote  as  follows: 

I  am  happy  to  be  aljJo  to  report  that,  altlioiii^li  late  landing;;,  the  l)ree(l  t; rookeries 
an-  lilled  out  to  t  iio  jiues  of  ineasnrcmeiit  heretofore  miulo  ami  .some  ol  tiiem  much 
l»ev. 111(1  those  lines,  showiiij;  coiichisivoly  that  .seal  life  is  uot  being  depleted,  but  is 
fully  up  to  the  estimate  giveu  in  my  report  of  ltfd7. 


SEAL    FISHERIES    OF    BEIIRING    SEA. 


53 


Mr.  l-:iliott,  who  is  fivquoutly  apjRMlod  to  as  a  fftrat  avUliority  on  the 
subjcAct,  alhrmsthat.  sucli  is  the  iiatuial  iiicroasc  of  the  fur-soal  sixMMe.'i 
that  these  aiiiiiials,  were  they  not  preyed  upon  hy  killcr-wha.h's  (orca 
fthvliator),  sharks,  and  ^^^'  •  suUiiiarinc  foes,  would  iniilti|)ly  to  such  an 
extent  that  "Behrin;^-  Sea  itself  ntidd  not  contain  tlieni.'' 

The  Honorable  Mr.  Tnpper  has  shown  in  his  nji'nioiandiini  that  the 
destruction  of  seals  eauseil  by  pt'layic  s<'alinc;  is  insi<«iii(1(!ant  in  eoni- 
])arison  with  that  caused  by  their  natural  enemies,  and  he  f^ives  lip:ures 
exlHl)itinj.-  the  marvelous  iii.reasL'  of  seals  in  spite  of  the  dei)iedations 
complained  of. 

Again  the  destructive  nature  of  the  modes  of  killinji'  seals  by  si)ears 
and  tire-arms  has  a[)parently  been  i^reatly  ex agjjre rated  as  may  be  seen 
from  the  atTidavits  of  ])ractical  seal  hunters  which  I  annex  to  this  let- 
ter, toffetlier  with  a  continnatory  extract  from  a  ])aperupon  the  "  Fur- 
Seal  Fisheries  of  the  Pacific  ("oast  and  Alaska,"  piepared  and  jtub- 
lished  in  San  Francisco  and  designed  for  the  information  of  eastern 
Tnited  States  Senators  and  ( "onyiessmen. 

The  Canadian  (iov<'rninent  estimate  the  ])ei'centa<;e  of  seals  so 
wounded  or  killed  ami  not  recovered  at  <!  per  cent. 

In  view  of  the  facts  above  stated,  it  is  imiu'obable  that  jiendinji'  the 
result  of  the  iiniuiry,  which  I  have  su<i',u-ested,  any  ap])iecial)le  diminu- 
tion of  the  fur-seal  sj>ecies  should  take  i)!acc,  even  il  the  existing;'  con- 
ditions of  i)plagic  sealinfi'  were  to  renmin  uiichaii<>e<l. 

But  in  order  to  (piii't  all  a])pn'hension  on  that  score,  I  would  propose 
tlie  followinji'  provisional  regulations. 

I.  That  pelaijic  sealinji'  should  be  ])rohibited  in  the  Behr.nj;-  Sea,  the 
Sea  of  Ochotsk,  and  the  adjoininji  waters,  dnrinsj^  the  months  of  May 
and  June,  and  durin'-"  the  months  of  October,  November,  and  Decem- 
ber, which  nnty  be  termed  the  '•  mi;iration  )»eriods''  of  the  fur-seal. 

II.  That  all  sealinii"  vessels  siiould  be  pi-ohibited  from  approachinjif 
the  breedinji'  islands  witiiin  a  radius  of  HI  miles. 

These  rejiitlations  would  j)nt  a  stoj)  to  tlu^  two  practi(!es  coini)lained 
of  as  tending  to  exterminate  the  s])ecies  :  tiistly,  the  slaugliter  of  female 
seals  with  young  during  the  migration  periods,  especiially  in  the  "irrow 
]>asses  of  the  Aleutian  Islands  ;  secondly,  the  destruction  of  female 
seals  by  marauders  surreptitiously  landing  on  the  l>reeding  islands 
umler  (!over  of  the  dense  togs  vvhicli  abnost  continuously  [>i'evail  in  that 
locality  (luring  the  smnnier. 

31  r.  Taylor,  another  agent  of  the  I'nitcd  States  (ioxernment  asserts 
that  the  female  seals  (called  cowsj  go  out  from  the  bi'ceding  islands 
every  day  for  tbod.     The  tbllowmg  is  an  extract  from  his  evidence  : 

Till'  cnwis  i;()  to  iiiiil  !•'>  miles  ami  cn  t-ii  t'artlit'i'.  I  do  imt  know  the  av<>ra;^e  ol'  it — ami 
tliey  arc  j^oiij^' ami  CO  iiiii;^  ail  llic  iiiorniuir  fiml  cvciiiny:.  I'lic  sea  is  bluet;  with 
them  ronml  alxmt  the  islands  If  tI;;M'>  is  a  little  t'o^-  and  thoy  yet  (.nt  half  a  mile 
from  shoi'c  \vi'  can  no!  kco  ,i  vessel  Idii  yards  e\en.  The  vessels  themselves  lay 
around  the  islands  there  wlic/e  tln-y  pick  up  a  j^ood  nuiuy  aeiil,  aiul  there  i.s  where 
the  killing  of  cows  (leciirs  wl, en  they  ;;o  ashore. 

Whether  the  fem  de  reals  go  any  distance  from  the  islands  in  ipiest 
of  food,  and  if  so,  to  what  distance.  ar(*  cjuestions  in  dispute,  but  iiend- 
ing  their  solution  the  regulation  which  1  propose  against  the  approach 
of  sealing  vessels  within  10  miles  of  the  islands  for  the  prevention  of 
surreptitious  landing  i>racticallv  meets  Mr.  Taylor's  complaint,  be  it 
well  fouinled  or  not,  to  the  fulh'st  extent:  for.  owing  to  the  pievalence 
of  fogs,  the  risk  of  capture  within  a  radius  of  10  miles  will  keep  vessels 
otr  at  a  much  greater  distance. 

This  regidation  if  acceitted  by  Her  Majesty 's  Government  would  cer- 


K 


54 


SEAL    FlSlIliKIK.S    OF    JJKIIRINC-    SKA. 


'I     ! 


tuiiil.v  iiianitVst  a  Irii'iidl.v  dcsiie  on  tlieir  part  to  co-opoiati;  witli  ycmi' 
(l(»v»'niiiu'iit  and  that  <»l  K'lissia  in  tlic  jirotcction  of  their  rookcfi*  s  ami 
in  the  pii'vcntion  ot  any  violation  <»!'  tlic  hiws  ap])li('al)h^  thereto.  I 
liave  the  honor  to  ineU)se  tlie  dranjihtot'a  i»reliiniiiary  convention  whi"h 
J  liavc  i>repared,  providing;  for  the  appointment  of  a  ndxed  eommis- 
sioii  wlio  are  to  report  on  eertain  spceilied  questions  within   two  years. 

The  dran^ilit  embodies  the  temixmiry  re^iilatioifs  above  dese-ribed 
tofiether  witii  other  ehinses  which  appear  to  ine  neces.sary  to  ^ivc  i)roper 
elfect  to  them. 

Altiion^h  1  l>elirve  tliat  it  woiihl  be  siillicient  dnriny  the  "  migration 
periods"  to  prev(.Mit  all  seabiij^'  within  a  speoilied  distance  from  the 
passes  of  the  Aleutian  Islands  1  have  out  of  a  <lefereuce  to  your  views 
and  to  the  wishes  of  the  llussian  minister,  adopted  the  lishery  line  de- 
scribed in  Article  \',  and  which  was  snyj^ested  by  you  at  the  outset  of 
our  m'ji'otiation.  The  draught,  of  course,  contemplates  the  conclusion 
of  a  further  convention  after  i'uV  <'xainination  of  the  report  of  the  mixed 
commission.  It  also  makes  prci-. .  ion  for  the  ultimate  settlement  by 
arbitration  of  any  ditferences  whicn  the  report  of  the  commissicni  may 
still  fail  to  adjust,  whereby  the  important  element  ot  finality  is  secured, 
and  in  order  to  give  to  the  |)roposed  arrangement  the  widest  inter- 
national basis,  the  drauglit  i)rovides  that  the  other  powers  shall  be  in- 
viteil  to  accede  to  it. 

The  above  proi)osals  are,  of  course,  submitted  ad  refercndion,  and  it 
only  now  remains  for  me  to  commend  thetn  to  your  favorable  consid- 
eration and  to  that  of  the  Russian  minister.  They  have  bcjen  framed 
by  me  in  a  spirit  of  justice  and  conciliation,  and  with  the  most  earnest 
desire  to  terminate  the  controversy  in  a  manner  honorable  to  all  par- 
ties and  worthy  of  the  three  great  nations  concerned. 
1  have,  etc., 

•    Julian  Pauncefote. 


[Inclosuro  1.] 
THE  XOIiT/r  AMEIUCJX  SEAL  riSHi:iiY  COXFEXTIOX. 

thi.i;. 

Conrenthn  between  Great  Britain,  Rnsnio,  and  the  United  !Statf)H  of 
America  in  relation  to  the  fur-seal  Jishery  in  the  Bchrint/  Sea,  the  ISea 
of  OchotsJi,  and  the  adjoinin<i  waters. 


I'HKAMULK. 


The  Governments  of  liussia  and  of  the  United  States  having  re|)re- 
sented  to  the  (Government  of  (ireat  IJritain  the  urgency  of  regulating 
by  means  of  an  international  agreement  the  fur  seal  fishery  in  IJehring 
Sea,  the  Sea  of  Ochotsk,  and  the  adjoining  waters,  for  the  |)reservation 
of  the  fur-seal  species  in  the  Xorth"  I'acitic  Ocean:  and  differences  of 
opinion  having  arisen  as  to  the  necessity  for  the  proposed  agreement, 
in  consequence  whereof  the  three  (Jrovernments  have  resolved  to  insti- 
tute a  full  inquiry  into  the  subject,  and,  pending  the  result  of  such  in- 
quiry, to  adopt  temporary  jueasures  for  the  restriction  of  the  killing  of 
seals  <luring  the  breeding  season,  without  prejudice  to  the  ultimate  de- 
cision of  the  questions  in  difference  in  relation  to  the  said  fishery. 

The  said  three  Governments  have  appointed  as  their  respective  pleni- 
potentiaries, to  wit : 


SKAL    FLSHKHIES    OF    HEUlilNG    SKA. 


56 


Wlio,  al'tci'  li;iviiij.''  ('xchaiiii'cil  their  full  powtirs  wliicli  w.-rc  f<>iiii(l  to 
|)eMnJgou(l  and  due     inn,  have  ayit'cil  upon  tlui  lollowiiij^  articles: 

Abtklk  I. 

MlXICn   CUMMISSION   or   EXPRIITS    To    MI,    Al'i'OIXTi:i>. 

The  Iliyh  Contra('tin<;-  Tarties  agree  to  appoint  a  mixed  conunission 
of  expertH  who  shall  incpiirc  fully  into  the  .subjeet  and  report  to  the 
High  Contracting  I'arties  within  two  years  from  the  date  of  this  con- 
vention, the  result  of  their  investigations  together  with  their  opinions 
and  re(!oniniendations  on  the  following  questions: 

(1)  Whether  regulations  properly  enf<»rced  up(»n  (he  breeding  islands 
(Robin  Island  in  tlie  Sea  of  Ochotsk  and  tlu'  ('oinniander  Islands  and 
the  I'ribylov  Islands  in  the  IJehring  Sea)  ami  in  the  territorial  waters 
surrounding  those  islands  ar»i  sullicieut  for  the  preservation  of  the  fur- 
seal  species  ? 

(2)  If  not,  how  far  from  the  islands  is  it  necessary  that  such  regula- 
tions shouhl  be  enforced  in  order  to  i)reserve  th(!  species  ? 

(3)  In  either  of  the  above  cases  what  should  such  regulations  i>ro- 
vide  ? 

(4)  If  a  close  season  is  required  on  the  breeding  islands  and  terri- 
torial waters,  what  months  should  it  embrace  ? 

(5)  If  a  close  season  is  necessary  outside  of  the  bre*'ding  islands  as 
well,  what  extent  of  waters  and  what  period  or  periods  shouhl  it  em- 
brace ? 

AllTICLE  II. 

ON   HECKIPT  OK   HEPOUT    OP     COMMISSION'     QUESTION    OF     IX  rr.KXATION.VL     REGULA- 
TION'S  TO    Jii:    lOUTIIWITH    DETEHMIXID. 

On  receiptof  the  rei)ort  of  the  Commission  and  of  any  separate  reports 
which  may  be  made  by  individual  commissioners,  the  High  Contru'ting 
Parties  will  proceed  forthwith  to  determine  what  international  regula- 
tions, if  any,  are  necessary  for  tlit  pur[)ose  aforesaid,  and  any  regula- 
tions so  agreed  upon  shall  be  embodied  in  a  further  Convention  to  which 
the  accession  of  the  other  powers  shall  be  invite<l. 

Article  III 

ARniT'tATIOX. 

In  case  the  High  Contracting  Parties  should  be  enable  to  agree  upon 
the  regulations  to  be  adctpted,  the  (juestions  in  difference  shall  be  re- 
ferred to  the  arbitration  of  an  impartial  government,  who  shall  duly 
consider  the  r<^i)orts  hereinbefore  mentioned,  and  whose  award  shall  be 
final  and  shall  "determine  the  conditions  (»fthe  further  Convention. 

'  / ,         Article  IV. 

PROVISIONAL   KEGULATIOXS. 

Pending  the  report  of  the  Commission  and  for  six  months  after  the 
date  of  such  report,  the  High  Contracting  Parties  agree  to  adopt  and  put 
in  force  as  a  temporary  measure  and  without  prejudice  to  the  ultimate 
decision  of  any  of  the  questions  in  difference  in  relation  to  the  said 
fishery,  the  regulations  contained  in  the  next  following  articles  Xos.  o 
to  10  inclusive. 


.-■'^ 


f^l' 


i 


5C  SEAL    FISHERIES    OF   BEHRINO   SEA. 

Article  Y. 

SKAL  IISIIKKY  LINK. 

A  line  of  (Iciiiiirciition  to  bo  calltMl  the  "seal  tt.sliery  line''  shall  be 
drawn  as  follows : 

From  Point  Anival  at  the  sonthern  extremity  of  the  Island  of  Suj;- 
halien  in  the  Sea  ol'Ochotsk  to  the  point  of  intersection  of  the  oOth  par- 
allel of  north  latitnde  with  the  KJOth  meridian  of  lonjuitnde  east  frotn 
Cireen\vi(;h,  thenee  eastward  'dony  the  said  r>Oth  parallel  to  its  i)oint  of 
intersection  with  the  lOOth  meridian  of  lon;;itude  west  from  (Jreenwich. 

Article  VI.  • 

CI.OSK     TIMK. 

The  snbjectsand  citizens  of  the  Ilijih  Contractin<;'  Parties  shall  be  pro- 
hibited from  en^^aginfi"  in  the  fur-seal  lishery  and  the  takinuof  seals  by 
land  or  sea  north  of  the  seal  llshery  line  from  the  1st  of"  May  to  the 
30th  of  Juie,  and  also  from  the  1st  of  October  to  the  .'JOth  of  December. 

Article  VII. 

J'lU'.VENTIOX   OK   MAKAl  DKRS. 

Dnring  the  intervenin,u'  period  in  order  more  etfectively  to  prevent 
the  surreptitions  landing  of  maranders  on  the  said  breeding  islands, 
vessels  engaged  in  the  fnr-scal  lishery  and  belonging  to  the  snbjects 
and  citizens  of  the  high  contracting  i)arties,  shall  be,  prohibited  trom 
ai)proaching  the  said  islands  within  a  radius  often  miles. 

Article  VIII. 

FfRTHEH   PHOVISIOXAL   UKGri.ATlONS. 

The  high  contracting  parties  may,  pending  the  report  of  the  commis- 
sion, and  on  its  recommendation  or  otherwise,  make  such  further  tem- 
porary regulations  as  may  b<  deemed  by  them  expedient  for  better 
carrying  out  the  provisions  v.    his  coiivention  and  the  puri)0ses  thereof. 

Article  IX. 


PEXALTY   FOH   VIOLATKiX   Ol     PHOVlSIoXAI,   RKOrr.ATIONS. 

Every  vessel  which  shall  be  tuund  engage<l  in  the  fur-seal  tishery  con- 
trary to  the  i)rohibitions  provided  for  in  articles  G  and  7,  or  in  violation 
of  any  regulation  made  under  article  8,  shall,  together  with  her  aj)- 
parel,  e(]uipment,  and  coutents,  be  liable  to  forfeiture  aiul  conttscation, 
and  the  master  and  crew  ol'  such  vessel,  and  every  person  belonging 
thereto,  shall  be  liable  to  line  and  imprisoiunent. 

Article  X.  » 

SEIZrjlJK   rul!   IJliKACll    ol'   I'HOViyiONAr.   REGULATIONS.      TIUAL   OV   Ol'EEXCKS, 

Every  such  oti'ending  vessel  or  person  may  be  seized  and  detained  by 
the  naval  or  other  duly  commissioned  otticers  of  any  of  the  high  con- 
tracting parties,  but  they  shall  be  handed  over  as  soon  as  practicable 


SEAL    FISHi;i;iKS    OF    HEIIHINT;    SEA. 


57 


t(<  tlio  authorities  of  tlio  iiiition  to  wliicli  tlicy  rt'spoctivoly  l>eloii<;\  who 
sliall  alone  liave  Jiir.sdictioii  to  try  the  ol'lViicr  iuxl  impost' ilw  pciialtieH 
for  tlie  same.  The  witnesses  ami  proofs  necessary  to  eistablish  the  of- 
fence shall  also  be  sent  with  them  and  the  coui't  ailjudicatini,^  upon  tlu- 
case  nniy  order  such  portion  of  the  lines  imposed  or  of  the  iiroeeed.s  of 
the  condemned  vessel  to  l)e  applied  in  payment  of  tlie  expenses  occa- 
sioned thereby. 

AUTICLE   XI. 

RATH'ICATIkX.      rOMMFNTiniKNT   A\l>    IHliATIoV   (,]•   CONVKNTION. 

This  convention  shall  he  ratihed  and  the  ratilicatioiis  shall  h«^  ex- 
changed at in  six'montiis  from  the  dale  thereot  or  sooner  if  possi- 
ble. It  shall  take  elfect  on  suidi  day  as  shall  be  agreed  upon  by  the  high 
contracting  parties,  nnd  shall  remain  in  force  until  tlie  exi»iration  of 
six  months  after  the  date  of  the  report  of  the  commis.sion  ol  experts 
to  be  appointed  under  Article  i  ;  but  its  duration  may  be  extended  by 
consent. 

AlJTlCLE   XII. 

ACCESSION   or   OTIIHK    I'OWEKS. 

The  high  contracting  jtarties  agree  to  invite  the  accession  of  the 
other  i)owers  to  the  present  convention. 


[Tnolosure  2.] 

[  t.xtract  from  ))aniiplilft  entitled  ••  Fur  .Seal  Fisheries  ol'tlie  racilic  Coasr  aii<l  Alaska," 
published  by  C.  D.  Ladd,  .VJlt  Kearny  street,  San  Francisco,  California.] 

It  is  claimed  that  many  seals  are  shot  that  sink  and  are  lost. 

Undoubtedly  there  are' some  lost  in  this  way.  but  the  percentaije  is  li<;ht— probably 
one  in  thirty  or  forty,  not  more  tiiau  tiiis.  it  is  als'i  claimed  that  ten  are  shot  and 
wounded  that  die  to  one  that  is  seenred.  This  is  also  an  error.  .Man,\  seals  are  shot 
at  that  are  in)t  hit  at  all,  but  when  a  seal  is  wrmnded  -o  that  in  the  end  it  will  die,  it 
is  most  always  secured  by  the  hunter,  who  may  have  to  >ln)ot  at  it  several  times  in 
order  to  j;et  it,  as  the  seal  iu  the  water  exposes  only  its  he.id,  and  when  fri^^htenod 
e\])Osesonly  a  small  portion  of  that,  so  that  to;:etlier  with  the  constant  diviner  of  the 
seal,  the  motion  of  the  boat,  etc.,  makes  it  \ery  hard  to  iiit.  This  is  where  it  is 
claimed  that  ten  are  shot  and  wounded  to  one  that  is  secured;  but  it  is  nearer  the 
truth  that  one  is  lost  to  ten  that  are  secured,  for  the  reason  that  when  a  seal  is 
wounded  It  can  not  remain  under  water  any  ienj^th  of  time  and  therefore  the  hunter 
can  easily  follow  it  iii)  and  secure  it. 

THOMAS  HOWE. 


In  IS^H.  oil  board  the  Tho-is.a  .md  I'aihfhider.  1  ;iot  for  the  >easou  Ijit?  seals  and  lost 
alxuit  W.  In  H.-'7,on  the  schooner  rvutU>iiiA  i^ot  .'.lo  and  lost  aliout  :!(i.  In  18-^8,  on 
tin;  Lihj  J.ad,  I  got  ;UG  and  lost  I'J.     In  l-^."".t.  on  board  the  J'ivn,  1  not  f.^^T  and  lost  27. 


T'tcMAS    HoWK. 


IliKUF.IUi  K    (,Il.ni:i!T. 


I  am  aseal  hunter.  I  ha>'e  been  fouryears  on  board  sealing  vessels:  one  year  I  was 
a  lH»at  rower  and  three  yet.rsa  hunter.  'l  have  always  been  with  white  hunters,  and 
have  used  the  shot-^iin  and  rille  for  shootiuu'  seals. 

In  ISri?  I  got.")!-*  seals  and  lost  II:  iu  I"'"' I  -iot  ^144  and  lost  .'>:  in  1^83  I  got  4r>4  and 

lost  IC:  or  in  the  three  years  I  got  l.'.'Hi  and  lost  :',.'..  or  "JJ-  per  cent.     I  never  shot  or 

saw  pups  witli  the  cows  in   the  water,  nor  have  I  ever  heard  of  such  a  case.     Some 

hunters  lose  a  few  more  than  1  do,  but  the  most  nuliirky  hunters  i  have  met  with  did 

not  lose  twice  as  man  v. 

FUED.   GlIJlEKT. 

VlCTOiJiA,  Britlsh  Coi.umiua,  Septemher  V^,  I'iS':). 


r^   mmm 


58 


Sl^AL    FISHKKIIvS    OF    ilElIKLNO    .SEA. 


lAl'l.    W  1 1. 1, 1AM    O  I.I.MiY, 


I  am  a  iniistrr  iiiiiriiitM',  and  have  I)immi  seal  liimtiiiy'  mi  tlm  I'McilM!  coast  Cinii' vfiii.s, 

tlin f  whicli  I  was  in  IJi'liriuir'H  Sea  iis  well,     niic  year  i  liiul  Imliiui  liiiiittTs  niily, 

ami  the  tlirt'f  yrai-H  I  liati  wliiti- limilcrs  dnly  -all  ou  llio  Mchoniior  I'ltllil'niilvr.  My  i>x- 
pciiciici)  'vitli  Iiiiliaii  liiinli'iM  is  tliat  they  losr  iiuiii'— at  most  a  I'mv — nrthc  seals  tlicy 
siii'iir.  'I'lif  s|i(>ars  an-  •' iMsirtifd, "  Noiiit'  with  (Hid,  sdiiic  with  two  hcarils,  ami  once 
tlio  sfal  is  siniiU,  caiilm'K  is  ccriaiii. 

White  hiiiiliTs  use  sliol-;;iiiis  ami  rilles,  accoi'iliii};  to  rllHtaiKiH  iiml  stiito  ol'  water. 
On  smiiotii  water  ami  at  Icn^-  ranges  tin-  iilh'  is  i^eiierally  used,  'mt  the  majority  of 
hniiteis  use  the  shot-;;iiii,  and  the  ^jreat  majority  ol  seals  are  shot  with  kh"'*. 

'I'lie  nnnil>er  of  seals  lost  liy  w  liile  hnnteis  does  not  exceed  six  in  one  hnndred,  and 
many  hnntiM's  lose  nine  It  less  than  that  niimher.  About  half  of  tlio  seals  taken  aloiin 
tile  coast  are  (!ows,  and  iieihaps  two-thir<ls  of  tho  cows  are  with  yonii;;.  I'l'ttiny  a 
voNsd's  cutoh  at  four  hundred,  and  from  om-  hundred  and  lifty  to  one  liundriMl  and 
seventy-live  mijiht  l>e  cows  with  youui;.  In  li(diiin;;'s  Sea  the  av««raKi'  of  cows  with 
youn;;  killed  will  not  aveia<{c  om-  iu  oui'  huudreil,  for  the  reason  that  as  soon  as  the 
cow>  leach  I  he  sea  I  hoy  ;;o  to  thi'  lireedintf  isl;uiils,  where  t  heir  yonns^  are  hoi'n. 

I  never  saw  cows  in  the  wiiter  with  their  vouii'j,  with  them.  1  do  not  think  there 
is  any  diicrcase  in  the  numlier  of  seal  entei'ine'  Mehrin^j's  Sea.  I  ntivcr  .saw  so 
the  coast  as  there  were  this  year:  and  in  Hehrine;'s  Sea  they  were 

This  year  1  sliot   lorty-four  seals  and  lost 


many  seal  alon 

more  iiumeron.«j  than  1  ever  saw  lict'ore. 

one. 


ViC'TdiM.v.  Hiuiisii  C(ii,i  .MiiiA,  Scitliinbir  12,  l-*-*d. 


Wm.  O'Li'.AiiY. 


CAJ'TAlX    SIKWAKU. 

I  have  heeii  a  master  sealer  for  two  years.  In  HS-^  I  ccuuinanded  the  .Irdiimih  am^ 
iu  l'~J  the  WallirL.  /i'((7i,and  during;  l)oth  years  .st'aled  aloiit;  the  coast  frmn  ott 
Point  Northward  to  l<ehriii;;'s  .Sea.  In  l-'jH  I  had  Imlian  liuutcvsand  this  year 
white  litinters.  The  Indians  lose  very  few  seals,  for  if  the  spefir  strike  tlio  seal 
is  j;ct,  and  if  the  spear  misses  the  seal  of  course  escapes  unhurt.  The  whitt,'  hunters 
use  ritles  and  shot-eiins,  the  latter  much  more  th.-iu  the  fornu'r.  Hides  are  used  only 
by  <^ood  shots,  ami  then  at  only  Ion;.;  ran>{e.  TIuj  seals  lost  hy  wiiite  hunters  after 
bein;;  shot  or  wounded  do  not,  on  the  lower  coiist.  exceed  six  in  one  iiumlred,  and  on 
the  Alaska  coast  and  in  the  Heliiinu's  Sea  not  over  four  in  one  hundred. 

On  s.iilin;;  I  j^encrally  take  ten  per  cent,  additional  ammunition  for  waste  shot ;  that 
is,  if  calculatiui;  on  a  catch  of  iJ.OOd  seals  I  wonid  tiike  ammunition  for  ',i,'A0O  shots. 
That  was  double  the  excess  the  hunters  would  c(msider  m^cessary  ami  I  never  knew 
thiit  percenta^ic  of  waste  shot  to  be  used.  1  never  saw  a  female  seal  with  hei'  yoiinjj; 
besidt!  her  in  the  water.  Out  of  catch  of  [,\^2'^  seals  this  ye.ar  I  had  only  oo  seals  under 
two  years  old,  i.  c.  between  one  and  two  years  old. 

Wlien  at  Onmilaska  this  year  I  learm-d  that  the  Alaska  C(unmercial  Company  last 
year  littt^d  out  two  small  schooners,  bel(uij;iiiy;  to  private  piirties,  with  larj^o  deep 
nets  several  hundred  fathoms  Ion;;',  which  were  set  across  the  passes  fri)Ui  Hi'hrln<;'s 
Sea  for  the  purpose  of  catching  younj;'  seals.  One  of  these  s(diooners  '/ot  7(H)  of 
these  young  seals  about  four  nu)nths  old,  and  .sold  them  to  th<^  Alaska  Commercial 
Company  at  .s2..'ii)  apiece. 

A  schooner,  tht^  SjHnKrr  /■'.  lUiird,  Id  or  I'J  tons,  was  then  at  Ounalaska  titting  ni*  to 
go  to  Akontan  I'ass  for  the  sami-  purpose  this  fall.  The  law  forl>ids  the  killing  of  all 
fur-bearing  auiiiials  in  Alaskan  waters  by  any  hunters  except  the  natives,  yet  such 
is  done  every  year  at  Kodiak.  Saiiaka,  and  the  Aleutian  I.slands  by  white  hunters, 
lifted  out  by  the  Alaska  Commercial  Company,  under  the  agreomont  that  the  fur.s 
must  be  sold  to  the  company. 

II.    F.    SlKWAKI), 

}f(ixlir  Jniviirnii  SvhoDitcr  H'olltr  L,  Rich. 
ViCToniA,  IJitmsii  Cklimuia,  AuijuHt  10,  la^'j. 

GEOltliE   HOWK. 


My  first  year's  sealing,  lf^"<(),  was  on  board  the  Tlivresn,  from  San  Francisco  to  Victo- 
ria. We  left  San  Francisco  on  the  "JDth  .January,  and  arrivisd  at  Victoria  on  the  7th 
April.  I  got  l.')'.l  seals,  of  which  1  lost  about  7.  1  u.sed  a  .shot-gun  i)rincip;illy,  the  ritie 
only  for  long  range  shooting,  .say  from  :{i)  to  (iU  yards.  At  Victoria  I  left  the  TUcfitu 
and  Joined  the  l'atlijin<h-r.  The  'PdUifnidtr  left  Victoria  mi  the  4th  of  May  for  IJehring's 
Sea,  and  that  trip  I  got  44'i  seals  and  lost  about  '20.  In  1'«h7  I  Joined  tlie  I'eiiilope  and 
left  Victoria  on  the  '.U\  February.  I  got  (ilH  .seal.s  iluriug  the  season  and  lo.st  :U.  In 
188H  I  did  not  go  sealing,  but  in  Id-^it  1  was  engaged  ou  the  schooner  (Ifa.     We  left 


SKAL    FIlSMl'.KlKS    OF    UKUKIXG    SKA. 


59 


Niciiniii  on  IImi   I'.Hli  .luiiiiiiiy,  iiiid  I  ^loi   7;iJ  .siiil.s  dm  iii:;  tlif  HfUMHi  ai '1  lust;;?.     I 
.icviT  (saw  II  yomin  |)ii|i  alnii;;>ii(|«>  iiscdw  in  tlic  water. 

AliDUt  (tnctliiid  ol'  tin-  Mcaln  laUm  mi  tlic  cuast  am  cows  witli  iiiip  m  caiMldi'  ni' 
licinjf  with  iHiii.     In  IJfliriiiji'n  Si-u  I  ^ni  Idurctiws  witli  |iti))s  in  tlit'hi. 

(Ji:nl!(il     IIiiWK. 

wit, I.I  AM    IKWIMI.S. 

!  have  Imcntiiri'i)  y<>iir.s  liiinlinjr  Hcal.s  (in  llio  I'aciCK' const  iind  in  Mdiriiijr'.s  81  a.  In 
l^-<7  I  wan  on  Itounl  tlio  soalinj;  HclioontT  I'dnmrilf,  in  I*"'-  on  tiic  lira,  and  in  l--'.* 
(Ml  liourd  tlic  Trill  III  jih.  In  t-acli  year  tlit^  vmstd  I  was  on  iMitficMl  tlu^  IJclirlnu's  Sea 
(•ally  in  .Fid,\'  and  lid"!  tlic  sea  tlic  latter  ]i;irt  of  .\n;rnHt  or  carl.N  in  Si'|dcnilicr,  except 
I  Ids  year,  w  lien  the  Triiinijili  Idt  the  sea  on  iln>  11th  .Inly  niider  threat  of  mm/,  11  re,  after 
icanduMl  by  the  I'liitcd  Stales  cutter  llii'ili.  In  H"'*  the  hunters  I  was  with  were 
jiarllN  Indians  and  p.irl  ly  whilt!s.  In  the  two  la>t  years  tlie  hiinlers  were  all  wiiit.es, 
:isine  shot  e;iins  and  rillcs.  The-  lilies  were  used  hy  the  more  e\|ici'icnccd  hunters 
and  lietter  shots  lor  Ion;;  fi'ii;;*' >h<>oiinu,  up  to  luo  yards,  Init  lew  hunters  atiein|)te(i 
iliat  raiiffe  The  K"'"''''i1  I'ii";;;''  l«>i' rillcs  is  not  over  .'iH  yards  and  most  ^hot.s  arc 
aiadc  at  a  less  rail};*'. 

A  low  hunters  used  the  rille  for  all  di»tanc(fs.  I  nsod  tdtlier  rille  or  sliot-nnn.  ac- 
cordiii^V  to  tiie  distance  and  pofiltioii  oCthc  seal  and  fin'  cimdirion  ot'  the  water, 

My  lirst  year  I  i^ot  ahont  foar  hundred  seals.  In  ;;ertiiii;  this  nnniher  I  tailed  to 
captnroahont  twenty-live  shot  .at.  or  killed  01  wounded,  lint  which  cscaiicil.  in  my 
second  >  oar  I  ;;ot  o\-ci  Tr  c  hundred,  .•iiid  lost  ahont  thirty,  'i'hisycar  I  j^ot  one  linn- 
dred  and  forty,  and  lost  only  one.  I  have  frc(|iiently  sho*  t'roin  two  to  live  seal  in  a 
hiiiudi,  and  c;ot  them  all.  One  day  in  IS"7  I  ^jot  two  hniudii's  of  live  oaili,  iiinl  an- 
other of  four,  and  j;ot  the  whole  tonrleen. 

Indian  hunters  nsesiicais.  and  cither  j;ct  every  seal  they  Jhrow  at  or  ir  (••'capes  nn- 
liiirt,  or  but  .sli^fhtlv  wdiindcd.  Indians,  it  can  be  safely  said,  ^I'f  <'verv  seal  thcv 
kill. 

Oscar  S(;iirr,  a  iiiinter  on  the  Vim,  in  l^H^^  jjot  over  si.v  liiwidrtMl  seals,  and  lost  only 
about  twenty.  The  avera^i^  niimbor  lost  by  white  hunters  do(!s  not  e.Kcfed  six  in 
one  hiiiidrod,  and  by  the  Indian  not  six  in  one  thousand.  I  have  never  shot,  nor 
lia\(!  I  ever  seen,  ij  female  seal  with  a  yonn;^  one  beside  or  with  her.  It  is  very  sel- 
dom ii  feiiialt^  is  kill»Ml  in  ]?chrini;'s  Sea  carryiii;;  her  >(iiin;i  with  her,  and  out  ot'  one 
thousand  killed  on  the  coast  earlier  in  the  s'-ason  less  than  om-third  arc  feinahjs 
carryiii;^  theii-  yonn<^. 

W.M.  Fi;wiN«i.>*. 

ViCTOKiA,  Burri.sii  Collmiu.v,  Ainjnsi  •.•,  l-i-'j. 

WAU'ER   HOL'.SE. 

I  was  a  hunter  ou  the  schooner  iVitltir  L.  Hirli  on  her  s(ialiiiiit  voyaue  this  year.  It 
was  my  tirst  year  on  thi^  I'acilic  coast,  Imt  I  had  seven  years'  exptrrience  on  the  Xcvv- 
foniidlimd  coast  catchinj;  h.-iir-seals.  This  year  on  tin?  A'/'c/i  I  ;iot  oik!  hmidrcd  and 
ciorjity-live  s(Mils  and  lost  live,  whiih  sank  before  I  reached  them.  1  used  a  shot-s^iin. 
Tli(!  hnnt(!rs  on  the  Itiili  lost  about  the  same  proportion,  siunt>  a  lew  more,  some  hjss. 
I  never  saw  a  cow  seal  in  the  water  with  her  \iinnii'  bcsid(>  her  or  near  her.  nor  ha\e 
I  (iver  heard  of  such  a  (jase, 

WALli.i:   I1m(.:se. 

VICTOHIA,  IJlilTlslI   C'oi.f.MllIA.   AlKliliI    1(1,  H-",). 


.IAMI>    WII.SdN, 

I  was  carpenter  on  board  the  scalin;;'  schooner  Triinnjili  on  her  voyaj;e  this  year. 
One  of  the  linnters  was  dro'vned  Just  before  eiiterine-  B(dirin!i"s  Sea,  and  I  took  his 
place,  I  was  out  hunting;  .eals  .•iliont  a  w<Md<.  but  the  wea'lier  was  bad  .•ind  I  yot 
only  twenty-three  seals.  I  hiid  had  no  experience.  I  used  a  breech-loadiiii;  shotijiin, 
and  shot  seals  at  a  ran^eol  from  Id  to  l.'>  yards,  i  lost  one  seal  throueh  the  careless- 
ness of  the  boat  hands  rniiniu"-  the  boat  over  the  seal,  which  sank  directly  under  the 
boat. 

Mo.st  of  seals  lost  by  hunters  are  shot  at  hmj;  ranjies  with  '.he  rillo.  One  hunter  on 
the  Triumph  this  year  got  over  sixty  .seals  and  only  lost  one.  1  never  saw  a  cow  seal 
with  lieryonnj:  beside  her.  Outof  the  twenty-three  1  got,  live  or  .six  were  cows  carry - 
ill}'  their  vonnij. 

.Ia.mes  W  iixin. 

Victoria,  British  Colimbia,  Aiujh^i  0,  1889. 


rh 


i 


60 


SKAT.    FIMIIKRIKS    OF    HKHinNO    SEA. 


CAIT.  J.   I>.  WAIIHKN. 


I  iiin  ii  iiiaMicr  mariin'i.  iiinl  liii  vt' litMMitictivfly  ciiKaKt'il  in  ilic  ilfcp  hoii  MtMiIliij;  Inmi 
1U"*H  lui' twfiitv  ycaiM.  1  liavc  iiwiioil  ami  coriimaiiili'il  m^iliiin  \  cssi-Isom  \i)\ aj^t's  aloii^ 
flir  I'arilic  cKiisI  /roiii  17  or  [•*  iiorlli  laf  itinli'  t(»  r>ii  or  oT  iiortli  lalilu(l»^  within  I'h'Ii- 
iiii;  J^'""-  I  liavc  ^.'ciuM'aliy  finiiloyi'd  Indians  fxri'|>i  in  I'h'Ii  and  l-"'/,  llif  last  yraiH, 
I  was  out,  wImmi  I  jiad  wliitf  Imntcrs  a.s  wrll,  U'lulo  linntcrM  nsc  rilli-s  and  Mliolj^nns 
tMitircly,  Indian  Inintrrs  use  Hiicars.  Hnllt^ts  wni;L{liin;;rroni  ii'Ml  to  |()!l  jriainn  arc  iisi'd 
witli  rillcH,  and  on!iiiar.\' InicKMliot  with  ;innH.  Itotli  rides  and  sliot;;nn^  arc  lircordi- 
loadiiiLj  and  of  tlic  lirsi  make.  Seals  arc  approarlicd  l>y  tlio  linnlers  in  lioats,  to  Id  oi 
l.'i  yards,  l\in;i  ;;cncrally  asleep  on  llm  wati-r.  I'rciincnfiy  seals  are  taken  alive  wketi 
asli'fp,  especially  iiy  llie  Indians,  who,  in  llieir  canoes,  ;;ci  within  Ironi  a  speai'- 
lin;j;lh  (1 1  or  l.M'cet )  to  ;!(i  (ect  liel'ore  tliey  tlirow.  Indians  randy  lose  a  seal  tliev 
strike,  and  if  one  escapes  it  is  always  hnt  sli;;!itly  woMiidcl.  Of^eals  killed  liy  while 
Ininters,  piidiaMy  not  over  in  per  cent,  are  killed  with  rille,  wlii(li  is  ^{cnerally  used 
lor  onl,\  a  Ion;;  ranj;c. 

Sealers  divide  the  seals  for  hunt  injf  purposes  inti>  t  wo  (dasscs,  "sice  pern"  and  "  feed- 
ers" or  "  travelers.  .Sleepers  "  iirc  almost  ahva\  s  slnd  at  fioni  ItMo  l."i  yards  riiii;fe, 
and  are  seldom  lost.  •' l'"cedcis"  arc  shot  iit  Just  as  tln-ir  heads  emerj^e  from  the  water, 
l-'rom  this  fact  the  ian;:e  is  always  from  a  few  feet  to  Id'tyards,  tlioii;;li  few  ar»  fired  ai 
at  that  distance,  IImiiUm's  use  m  '•  i^all,"  a  pole  iiliniit  10  or  1'J  leet  Ion;;,  with  one  to 
lliree  hooks  upon  it,  with  which  they  catch  the  seal  and  hnn;;  il  into  the  hoat.  If 
the  seal  sinks,  the  "y;air"'  is  rnn  down,  and  the  seal  hooked  np.  The  M'-itish  nealin;; 
vessels  employ  more  Indian  than  white  linnters.  My  experience  with  white  hunters 
is  not  so  e\tensi\-e  as  will)  Indians,  Imt  from  w  hat  I  have  seen  while  cn^ja^ed  in  seal- 
ing I  can  say  that  not  over  six  in  every  one  hiindrt'd  .seals  killed  hy  white  liuuterH  are 
lost  or  escape. 

Kxperienced  hunters  siddoin  lose  a  seal  :  the  losses  are  (diielly  made  hy  iiuixjie- 
I'ienccd  hunters,  only  a  I'tnv  of  whom  are  emidoyed,  for  the  reason  that  as  hunters  arc 
jinid  so  niucdi  a  skin,  inferior  men  can  not  make  ^ood  waj^cs.  I  have  noticed  iiodim- 
inution  in  the  niinilier  of  seals  duriii>f  the  twenty  years  I  hiivc  heon  in  the  husiuess, 
hut  if  any  <lian;j;e  at  all,  an  increase.  Of  the  seals  taken  Jiloiii;  the  coast  ahout  one- 
half  ai'c  females,  and  of  the  females  not  nioretliiin  one-half  are  with  youiii^.  In  Meh- 
rinu  Sea  not  one  in  cmc  hundred  of  Ihosi'  taken  hy  the  liuiitcrs  are  fcinalcs  with 
youiii,',  hecausc  as  soon  as  the  feuuili's  carrying;  their  youii;;'  ;,'et  into  the  sea  they  j;o 
to  the  l)ree<linj;  islands  or  rookeries,  and  in  a  few  days  their  youu;^  are  horn.  The 
cowsremain  with  their  yonii;;  until  they  are  i|uite  aide  toiakecare  of  I  hemsel  ves.  I 
do  not  think  that  out  (d'  the  seals  taken  hy  Indian  and  white  hunters  more  than  ;!i> 
jier  cent,  are  females  actually  hrcfMlinjj;  or  capahle  of  hreedin;;'. 

"Old  hulls,"  "  haidielors,"  "two-year  <dd  jiups,'"  and  "  liarie  cows  "  imikc^  up  tiie 
>i;reat  majority.  Cows  actually  hreedin^r  are  very  watcdiful,  and  while  on  the  voyaL;e 
northward  are  ever  mi  the  alert,  so  they  are  dillicult  to  take.  On  tln^ other  hand,  the 
other  cl;;sses  above  named  make  up  the  ;;reat  (dass  of  •'  sleepers,"  from  whiidi  fully  '.lO 
per  cent,  id'  I  he  whole  cat(di  (d'  hiinteis  is  derived.  I  never  saw  or  heard  oi'  a  "  cow  "' 
liaviii;;-  her  yoiin)4'  hoside  her  in  the  water,  either  on  the  coast  or  in  lieliriiiif  Sea. 

.1.  1).  \VAi!iii;x. 

ViCroHIA,   lllilTl.siI  CoLU.MllIA,  .idf/K-W  10,   l^'K. 


'l  I 


No.  14. 

« 

The  Mfd'tiuix  of  SnJishurn  io  Sir  Julian  J'<(i(n<r/o(c. 

,Lfll  al  till'  DciMi  tiiicul  (if  Stale  on  Jinie  0  liy  Sir  .Julian  I'aiiiicefotc.] 

No.  lOO.J  FoKKKiN   OlFIOE,  .lMv22,  1800. 

8iR  :  1  receivod  in  diu'  (,'our.st'  your  despatch  No.  !>,  of  the  2.'M  Jaiituiry, 
iiiclo.siiif^-  copy  of  Mr.  lilaiiie'.s  note  of  tlie.  '2:'a\  of  tliat  month,  in  aiiswiT 
to  the  prottvst  made  on  ludialf  of  Her  Majesty's  (ioveriimeiit  on  tlie 
llitii  October  last,  ,a2;ainst  tlie  seizure  of  Canadian  vessels  by  the 
Tnited  States  revenue-cntter  It  ash  in  IJelirino-  Sea. 

The  importance  of  the  subject  necessitated  a  reference  to  the  (lov- 
ernment  of  Canada,  who.se  reply  has  only  recently  reached  ller  Maj- 
esty's* Government.     The  iie<fotiations  which  luive  taken  place  between 


8KAL    FlSllKlUIvs    oF    IJKHUIXCJ    HLX, 


61 


Ml.  niiiiiu'  iiiid  vomsclt'  alfurd  strong  ro;i.snii  f  >  liopc  tliaf  fin-  <lillicii!- 
lies  atti'iidiii};-  tliis  (iiicstioii  arc  in  a  lair  \\a\  towards  an  adjiistinciit 
wliicli  will  be  Hatisfactory  to  Itotli  <it»v»'rniiuMitis.  I  think  it  ri;ilit,  liow. 
cvci',  to  phu'ti  on  record,  as  brictly  as  ptvssililc,  tlic  \  icws  of  Ilci  MitJ- 
city's  (lovcrnnicnt  on  the  [)rinci[»al  aryiiniciils  hroii^dit  forward  on 
l)ehalt'  of  the  I'nitcd  States. 

Mr.  I'dainc's  note  defends  the  acts  eoiii|)hiiiie(l  of  l>y  Her  Majesty's 
Cjovcrnnient  on  tiic  follow  in;:^ionnds: 

1.  'I'hat  "the  (.'anadian  vecsejs  arrested  and  detained  in  i  he  lJelirin<;' 
Sea  were  eii^ja^cd  in  a  pnrsnit  that  is  in  itself  (•(nitr(t  hnuDs  iiions — a 
pnrsnit  which  (d'  nec«'s^it.v  in\olve.s  a  serions  and  pernnin4'nt  injury  to 
tin'  rif^hts  cd'  the  (loveiiinient  and  i»e»)ple  tif  the  I'lnted  States." 

1'.  'I'hat  the  lisheiies  had  iteeii  in  the  nndistnrlicd  possession  and 
nnder  the  exclusive contr(tl  (d' iJussia  from  their  discovery  nntil  iheccs- 
sion  of  Alaska  lo  the  I  nitc*!  Slates  in  1S()7,  and  that  from  this  date 
onwards  until  ISSdthey  had  als«  remained  in  the  nnd istui  bed  ))osMessioii 
of  the   I'liited  States  (lo\ ci  iimeiit. 

.'{.  That  it  's  a  fact  now  held  beyond  deidal  or  donbt  that  the  takiiiy 
of  seals  in  the  open  sea  rapidly  leads  to  the  extinction  of  the  spetaes, 
and  that  theielbre  nations  not  posHessinj^' tlu'  territor.N  upon  whicli  seals 
can  increase  their  nnndters  by  natural  <,'rowth  shonld  refrain  trom  the 
slan;>hter  of  them  in  the  open  sea. 

Mr.  iJlaine  further  ar^nes  that  the  lawoftlie  sea  and  the  liberty  wln'ch 

confers  do  not  Jnatify  acts  which  aie  immoial  in  themselves,  and 
which  inevitably  tend  to  resnlts  against  the  interests  and  against  the 
welfare  of  nuiukind  ;  and  he  i)roceeds  to  justify  the  forcible  resistance 
of  the  United  States  Government  by  the  necessity  of  defendin<;'  not  only 
their  own  traditional  and  lonf»'  established  rights,  but  also  the  ri;;hts  of 
yood  morals  and  of  }jood  government  the  world  over. 

He  declares  that  while  the  Tinted  States  will  not  withhold  from  any 
nation  tlie  [irivileges  which  they  demanded  for  themselves,  when  Alaska 
was  part  of  the  linssian  Empire,  they  are  not  disp«>sed  to  exercise  in 
t!io  possessions  acquired  from  Russia  any  less  power  or  authority  than 
tlxv  were  willing  to  concede  to  the  imperial  government  of  Russia 
waen  its  sovereignty  extendeil  over  them.  He  claims  from  friendly 
nations  a  recognition  of  the  same  rights  and  privileges  on  tiie  lamls 
and  in  the  waters  of  Alaska  wU'wh  the  same  friendly  natitms  always 
conceded  to  the  Eini)ire  of  Russia. 

With  regard  to  the  first  of  these  arguments,  namely,  that  the  seizure 
of  the  Canadian  ves.sels  in  the  liehriiigs  Sea  was  justilied  liy  the  tact 
that  they  were  "  engaged  in  a  i)ursuit  that  is  in  itself  co/j^m  bonos  mores — 
a  pursuit  which  of  necessity  involves  a  serious  and  i)ermanent  injiiiy  to 
the  rights  of  the  (rovernment  and  people  ot  the  irnited  Slates,"  it  is 
obvious  that  two  questions  ai-e  involved  :  first,  whether  the  pursuit  and 
killing  of  fur-seals  in  certain  parts  of  the  open  sen  is,  from  the  point  of 
view  of  international  morality,  an  offense  anitra  bonus  mofin ;  and 
secondly,  whether  if  such  be  the  ease,  this  fact  justifies  the  seizure  on 
the  liigli  seas  and  subsecpient  contiscatiou  in  time  of  peace  of  the  private 
vessels  of  a  friendly  nation. 

It  is  an  axiom  of  international  maritime  law  that  such  action  iS()nly 
admissible  in  the  case  of  piracy  or  in  inirsuauce  of  si)ecial  international 
agreement.  This  principle  has  been  universally  admitted  by  jurists, 
and  was  very  distinctly  laid  down  by  President  Tyler  in  his  special 
message  to  Congress,  dated  the  L'Tth  February,  184.},  when,  after  ac- 
knowledging the  right  to  detain  ami  search  a  vessel  on  suspicion  of 
piracy,  be  goes  on  to  say:  "  With  this  single  exception,  no  nation  has, 


1A 


62 


SI.AL    KISIIKKIKS    (»!•    HF.IlKIXl      SKA. 


in  rime  ot  in'iicr.  any  aufliority  to  detain  tlio  ships  ol'  anotlici  upon  tlie 
lii;:li  xcas,  on  any  pictcxt  w  iiarcvci',  ontsidc  f  iu»  territorial  Jnrisdiction." 
N.'(i\v,  the  pursuit  of  seals  in  tiie  open  sea,  under  wiiati'ver  eireuni- 
stanues,  has  never  liitherto  Ween  eonsidereil  as  piracy  Ity  any  eivili/etl 
state.  Nor,  even  if  the  I'nited  States  had  ;^(>iie  so  fai'  as  to  make  tlie 
killing  oltiir -cals  piiaey  by  llieir  niuni."ii)al  hiw,  wonhl  this  lujve 
jus! died  t!ie:a  in  puinsinnj;  offenses  a;:ainst  siu-h  hiw  ecnnnntted  by  any 
pers(»ns  (itiu'r  ilian  their  own  citizens  MUtsich'  liu"  teiritoi'ial  Jurisdiction 
ol  tlie  I'nited  States, 

In  the  (;ase  of  the  slavf  trade,  a  practice  whicli  the  civili/ed  world 
has  ayi'eed  to  look  upon  with  aiihorrcnce  tic  ri]nht  of  a'Testin^'  the 
vessels  ut  anotlu'i'  counliy  is  exercised  only  by  special  iid.'i'national 
a^rceuienl.  and  no  <)nt' ( lovei'nnient  has  been  allowed  that  ;^eneial  con- 
ti'oi  of  morals  in  this  re.^ipect  which  Mr,  lllaine  claims  un  Itehilf  of  the 
I'nited  States  in  re>:ar<l  to  >eal  huntinj,;. 

lint  her  Alajt'sty's  (iovcrnment  must  ijnrsiidM  whethtT  this  i»nrsiut 
can  ot'  itself  Im'  r«'^arded  as  ronlrtt  hi,iins  :ti(>rrs.  unless  ami  nntll.  for 
special  reasons,  it  lias  bet'-n  a;;recd  by  inteniatio^'al  airan;j;em<'nt  to  tor- 
bid  it,  l-'iii'seals  ai'c  indisputable  aii'inals /'( /yr /'^'////v* .  and  t  hese  have 
universally  been  rejiarded  by  Jurists  :l,•^ /v.v /(/////;'.s  until  they  are  canti'ht; 
no  pei'.«.uii,  therefoie,  (■■in  have  property  in  tliein  until  he  has  actually 
I'cduccd  tlieni  iiito  jiossession  by  capture. 

It  recjaires  sometliinji'  nu»re  than  a  mere  declaration  tliat  theGovein- 
iiient  or  citjzt'ns  of  the  I'liitcd  States,  or  even  other  countries  intei'ested 
in  the  sea!  iiade,  are  losers  byaceitain  <'oiiise  ol  proccedinj^-  '.»  render 
that  couise  an  iniuioral  one. 

Hei  Majesty's  .(Ji)verninent  would  dcei>Iy  re^^ret  that  the  [)'.i'suil  of 
fur  seals  (>n  tiie  hi_i;li  seas  by  r.ritish  vessels  .should  involve  even  the 
siixhlest  injury  to  the  ]>eop!e  of  the  I'^nite.l  States.  If  the  «;;i.",e  be 
proved,  they  will  be  ready  tc,  consider  what  nieastires  can  be  i>roperly 
rakt'U  foi'  the  rei"ed>  of  such  iiijurv,,  !»ut  they  would  be  nnabh  on  tiiat 
ground  to  (♦epart  from  a  piiiicl[ile  on  whicli  fice  coinmerci  oti  the  high 
seas  »lepends. 

The  secoiid  ai.;i(nient  adxanced  by  Mr,  lilaine  is  that  the  "  fur  seal 
lisheries  of  iM'hrin;;  S  a  had  been  exclasivelv  c(Uitrolled  by  tiic  (lov- 
erniueiii  ot  Kiissia,  without  interference  ami  wsfhoui  (pnvstion,  from 
their  original  disc(»ver;  until  I  he  cession  of  Alaska  to  the  I'liited  States 
in  18(17,"  .iial  that  •  troin  IStiT  to  ISSli  the  possessi:  a,  in  whi(;h  Uussia 
had  be»ui  unilis:'-,.bed,  was  enjoyed  by  th«'  United  States  (l,overnineiit 
also  wiihout  intenuption  or  intrusion  frcmi  any  source." 

I  will  deal  with  these  two  |>eiiods  sepai'att'ly. 

First,  as  to  the  alle;4t'd  exclu.si\ c  monopoly  of  Uussia,  Al'rer  Itiissia, 
at  the  mstaiu'c  of  the  liUssian-.Vmericau  I'ur  Coinpany,  claiiniMJin  l.SL'l 
the  pursuits  of  (jonuc'ice,  whaliui;',  and  tishini;  t'roin  IJchnui;'  Straits 
to  the  5N^  deji'ree  oi' north  latitude,  and  not  only  prohibited  all  fi»reigii 
vessels  lr>>ni  laudinjj^  on  the  coasts  and  ishinds  t)f  ihe  above  wafers,  but 
also  ])re\(  nte(l  inein  trotii  aitpmachinu'  within  100  miles  linueof,  Mr. 
<^>uincy  Adjiin.-.  wrote  as  follows  to  the  I'liited  Sfa  's  minister  in  Rus- 
sia : 

i'lii^  t'liitt'd  Sfiid's  (Mil  ailtiiil  III)  i>:irt  iif  tliiH'  olaiiin;  tlifir  ritjlit  of  na vi^ittioii 
mill  fislif.i;^  jt  lu'il't'i't,  ai\<l  Ikis  Ikhmi  in  constiiiit  cxcri'iHi'i  fi'Diii  tin-  I'iirlinst  liiuc* 
t!iroiiy;!iiiiit  tlic  whole  cximu  <>('  tin-  SoMtlit-rii  Ocean,  snliji-ct  only  (o  the  oniinary  bx- 
i'e|itii>iiH  and  exeliisioMs  of  tlie  territdrial  Jiuisilietioiis. 

That  the  riylit  of  lishiuji  thus  asserted  included  the  r!;;ht  of  killing 
fur-iieariny  animals  is  shown  by  the  ease  of  the  Tnited  St.ites  briy 
Lntlot.     That  vessel  proceeiled  to  t!»e  waters  over  whi(!h  Itussia  clai.Metl 


up 


SEAi^    FISHERIES    OF    BEHKJNG    SEA. 


m 


••xcliit-ivf,  Jurisdiction  fo'.  jlic  purpose  of  liuiitiiit;'  tliii  sra-ottiM',  the 
icilliu;^"  (/f  wliicii  is  now  proiiibited  l).v  tli*.^  riiitcil  Start's  siatiites  appli- 
cable to  the  rur-scal,  aixl  was  torced  to  aliaiidon  her  V(>ya<ri'  and  liMve 
the  waters  in  (pie.  tion  b\  an  armed  vessel  ot  ihe  |{ussiaii  navv.  Mr. 
Forsyth,  writini^on  the  ease  to  the  American  minister  ai  .St.  Teters- 
biir^  on  the  1th  of  May.  1S.'37,  said; 

It  is  n  violation  oT  the  riy:lit.H  ot'  ilir  riti/.i'ns  ot  ilic  rnirt-il  Statf>.  itiiiiniiiuriaily 
(;x<Tiis('(l  and  scciin-'l  to  tlicin  iis  well  l>y  tln^  l:i\v  of  iiatioii.s  as  hy  rlu'  stipiilat  ions 
of  tilt"  lirsl  aiticlc  of  till' coiivi'iitioi)  ofl-'il.to  ti>li  in  tliosi;  seas,  iind  ton-suit  to 
tlu;  coast  'or  i'.u'  iirosin'otion  of  their  la\v  I'nl  coinnn'iri'  njion  |ioinls  not  aln'ails  oocu- 
1  iod. 

I'rom  the  speodi  of  ."VFr.  Snmnet  when  introducing  the(piestion  of  the 
piirtdiase  of  Ahiska  t»>  Congress,  if  is  e«pial!v  ••h-ar  tiiat  tiie  ('nired 
States  (Jo\ernment  did  not  reaard  ttiems"lves  as  !)iir('liasiii;i  a  monop- 
oly. Ha\  in;;  dealt  with  fnr-beariiij;'  animals,  lie  went  on  to  treat  of 
tisheri<!s,  and  after  allndiii.ii  to  iIm'  presence  of  ditferent  species  of 
whides  ill  the  vicinity  of  the  Alenliaiis  said:  "No  .s(>a  is  ikiw  nntre 
chtUNuni  :  all  of  these  nniy  be  pnisite*!  by  a  slii|t  under  any  May,  except 
directly  on  the  coast  or  within  its  territorial  linnr." 

1  now  come  to  the  stateihent  that  from  1.'^<I7  to  1>^8(;  the  poss<'ssion 
was  enjoyed  by  tlie  United  States  with  e*'  i:iicrriiptioii  and  no  iiitiiision 
I'rom  any  source,  ller  Majesty's  Government  can  not  hut  think  that 
yiv.  l>laine  has  been  misinformed  as  to  tlu'  history  of  the  operations  in 
IJehrinji'  Si ;.  duiinj;'  that  period. 

The  instances  recorded  in  Inclosuic  1  in  this  dispatch  are  siUlicient 
to  prove  fron»  ollicial  Tnited  States  soiuce.s  that  from  ls<;7  to  lS8(i 
British  vessels  were  enyauetl  ut  inti-rvals  in  t!ie  tiir-seal  tisheries  with 
Ihe  cognizance  of  the  I'inted  States  (Jovt'inment.  I  will  hereby  way 
of  example  (juote  l)nt  one. 

In  ISTli  Colle(;tor  I'helps  reportt-d  the  littinji'  out  of  expedit loirs  in 
Australia  and  \'ictoria  for  the  jmrpose  ul  taking  seals  in  IJthrin^  Sea. 
while  passin,u  to  a!id  Ironi  their  rookeries  on  St.  I'aid  ami  St,  (leorye 
Islands,  iuid  recommended  that  a  steam-ciitier  should  be  sent  to  the 
region  of  Ouninialv  Pass  autl  the  islands  of  St.  I'aiil  ami  St.  (hmu'^c. 

ilr.  Secretary  iioiitwell  inforuu>»t  him.  in  repl\ .  that  he  did  not  con- 
sider it  exi»edient  to  send  a  euiter  to  inteifere  with  the  opi'ratioiis  of 
tiuei^ners,  and  stated:  "In  addition,  1  do  imt  see  that  the  Lidtfd 
States  would  have  the  Jurisdiction  or  power  to  drive  otf  parties  uoin>j 
nj)  theie  loi'  that  jturpose.  unless  they  made  such  attempt  within  a 
marine  lea;.;iieol  the  shore." 

Befoie  leaving  this  part  of  Mr.  I'd. due's  arj^iimeiit,  1  would  allude  to 
his  remark  that  ''vessels  from  other  natioiis  passiiio  troiii  time  to  time 
throuj^h  r>ehriu;4's  Sea  to  the  Anfie  Ocean  in  pursuit  ol  whales  lia\i! 
always  abslaini'd  fidm  taking;  part  in  the  eaptiire  of  seals,"  which  he 
holds  to  be  |»roof  of  the  reeojLi'nition  of  riylds  held  and  exercised  lirst 
i»y  Iiussia  and  then  by  the  I'nited  States. 

ICven  if  the  facts  are  as  stated,  it  is  not  tt-markable  that  vessels 
jiushiuo;  on  for  tiie  .short  season  in  which  whales  can  Ite  ca))tured  in 
the  Ar«;tie  Ocean,  ami  beino-  titted  specially  for  the  whale  fisheries, 
iu';4iected  to  carry  boats  and  liunters  for  fur  seals  or  to  eiiyapi  in  an 
"iitiitdy  ditferent  pursuit. 

The  whalers,  moreover,  pass  thrtui^li  Ihdirinji  Sea  for  the  tislnny 
grounds  in  the  Ar<!ti(!  Ocean  in  April  and  May  as  soon  as  the  ice  l»reaks 
up,  while  the  {;reat  bulk  of  the  seals  do  not  reach  the  l*ribylov  Islands 
till  .Tune,  leavin;;  ajjain  by  the  lime  the  clo.sinji'  of  the  ice  compels  the 
whalers  t(»  return. 


64 


SEAL    FI8)lERIi:S    OF    HKIIRING    SEA. 


H  Ml 


The  stiitiMuoiit  tliiit  iris"iilact  now  held  Iteyoiul  denial  or  donbt 
that  the  taking"-  of  seals  in  tlie  ojkmi  sea  rapidly  leads  to  their  e\tinetioii " 
would  adu)it  of  reply,  and  ahnndant  evidence  eould  be  adduced  on  the 
other  side.  l>ut  as  it  is  proposed  that  this  part  of  the  (jaesiion  should 
he  examined  by  a  eonindttee  to  be  appointed  by  the  two  (jovernnients, 
it  is  not  neeessury  that  I  should  (U'al  with  it  here. 

Her  Majesty's  (lovern  men  1  do  not  deny  that  if  all  seal  in.:"  were  stopped 
in  JJehiinji'  Sea  except  on  the  islands  in  |>ossession  (»1  the  lessees  of 
the  I'nited  States,  the  seal  may  increase  ami  multiply  at  an  even 
more  extraordinary  rate  tlian  at  ])resent.  and  the  seal  fishery  on  the 
islaml  may  become  a  monopoly  of  increasing'  \alue:  but  they  can  not 
admit  that  this  is  sufficient  yi'ound  to  justify  the  I'liifed  Slates  in  for- 
cibly deprivinj-- other  naiiouH  of  any  share  in  this  iialustry  in  waNu's 
whit'h,  i»y  the  rec'o^^nized  law  of  nations,  isre  now  free  to  all  the  world. 

It  is  from  no  disrespeci  that  1  refrain  from  replying;"  s|)ecili(;ally  to 
the  snbsi«liary  (pu'stions  and  arjiuments  put  forwanl  by  Mr.  iJlaine. 
Till  the  views  of  the  two  (loxernnu'nts  as  to  the  oiili^ialions  attachinj^', 
on  grounds  either  of  morality  or  necessity,  to  the  United  States  (Jov- 
i'rnment  m  this  matter,  have  been  bronjjht  into  closer  harmony,  such  a 
course  would  ap|>ear  needlessly  toextciitl  a  controversy  which  IlerMaj- 
est.V's  Government  are  anxious  to  keep  within  reasomible  limits. 

The  negotiations  now  beiny;carri«*d  on  at  Washington  prove  the  read- 
iness of  Her  Majesty's  (iovernuient  to  considei'  whether  any  spe('ial 
internatiomd  a};reement  is  necessary  for  the  protection  of  the  fur-seal- 
inj;  industry,  in  its  absence  they  are  unaide  to  admit  that  the  case  put 
forward  on  behalf  ot  the  I  nitcd  States  atlords  any  suflicient  justilica- 
tion  for  the  forcible  action  already  taken  by  them  ayainst  i)eaceable 
subjects  of  Her  Majesty  enj:a}jfed  in  lawtid  operations  on  the  hij^h  seas. 

*' The  President,'"  says  Mr.  Blaine. '' is  persuaded  that  all  friendly 
nations  will  concede  to  the  l'"iiited  States  the  same  rijihtsand  privile-jes 
on  the  lands  and  in  the  waters  of  Alaska  which  the  .same  friendly  nation.s 
always  con(;eded  to  the  Empire  of  Russia." 

Her  Majesty's  (lovernnnMit  have  no  diniculty  in  makin<;"  such  a  con- 
cession. In  strict  accord  with  the  views  whi(,'h,  previous  to  the  pres- 
ent controversy,  were  consistently  and  successfully  maintained  by  the 
I'nited  States,  they  ha\e.  whenev«'r  occasion  arose,  opposed  all  claims 
to  exclusive  i)ri\  ile<;es  in  the  non-territornil  waters  of  lichrinj;' S«'a.  The 
ri^fhts  they  have  demanded  have  been  those  of  free  navi^^ation  and  lish- 
in^-^  in  waters  which,  previous  to  their  own  a(!ipiisition  of  Alaska,  the 
I'liited  Statt'S  declared  to  i>e  free  and  open  to  all  foreij^ri  vessels. 

That  is  the  extent  of  their  present  contention  and  they  trust  that,  on 
ronsideratMtn  of  the  arj^uincnts  now  presented  to  them,  the  I'nited 
States  will  recoj^iiizi^  its  justn*.»»  ami  moderaticui. 

I  have  to  request  that  you  will  read  this  dispatch  to  Mr.  IJIaine  and 
leave  a  copy  of  it  with  him  should  he  desire  it. 
1  am,  etc., 

Salisbury. 


i 


!    lllI'll'NillI'.] 

Ill  1-Tu  (.'iilli'itor  I'lifijis  rt'inati'il  "  il)«  )i:iri|iit'  ('naiif  lias  arrived  at  this  port  (Sail 
!•  raiuistoi  iVom  Alasixa,  liaviii;;  dm  tiimrtl  17  .soal  fil\iu.s."  (Sco  Ex.  iJoc.  No.  H^i,  Korty- 
tinirlli  (NMiiiioss,  tirst  scHsidii. ) 

III  l-^T'J  !if  itipiirtiil  <'X|HMliti(iiiH  littiiij;  Diit  ill  Australia  and  Vivtinia  for  thf  pur- 
pose of  taking;  soal.s  in  Ijoliriiig  Sott,  ami  was  iiitoiincd  tliat  it  waH  not  oxpodioiit  to 
interJ'ere  with  them. 


SKAL    FISHEUIKS    OF    HKHRINC    SKA. 


65 


111  lf<7l  A.'tin-  SiTivfar.v  Sawy.M-.  vvritiini  to  .Mr.  F.lliotl,  si.t'cial  aii-ni.  sai.l : 

"  It  haviii^  ht-eii  nilii'ially  rri.ortcd  ti.  this  iJ.i.artiiiciit  bv  t!it!  cuIUmmui  of  i'iisttin>.H 
uf  Port  Tow  nscii.l,  troni  X-.-a-ali  ISay.  that  I'.ritinh  v.;.sh.-1«  Vroiii  Victoria  croHs  over 
info  AiiKjn.aii  wal.-rt  aiul  i'ii:;a-;.  m  takiii-,'  Cucsi'mU  ,  .vliicli  ho  n'i.rr.-<(!iitH  aro  aiiiiii- 
ally  hf.!omi:iLr  niorc  imni.Mon-i  on  onr  immediate' coast  s  to  i  lie  threat  injury  of  oiirseal- 
.Ms,  lioih  Willie  an<l  Imlian,  yon  will  ^^ivc  siicli  proper  attention  to  the  exaiiiiiiatioii 
ol  the  snitject  as  ils  iin|iorla-ict^  may  seem  to  yoii,  after  earefnl  inquiry,  to  (h'lne.Ml 
•  iiid  with  a  vi.'w  to  a  reporl  t  >  tle>  Depart  meat  ofall  fuct.s  ivsetataineil.''"  iDittc  Mav 
4,  No.  117,  p.  114  .j  '       • 

In  r-'Tf).  Mr.  Mclntyre,  T.ea.siiry  a.^eiii.  (lescrilie.(l  how  "  before  proree.lin-  ro  haish 
measures"  lie  liad  warned  iIk-  eaptjiin  of  the  diqtiet.  who  was  sho-.iui;;  sTals  in  Za- 
[.a.lnee  Hay,  and  stated  tliat  (lie  captain  app-aiv.i  astonished  tliat  lie  was  breaking 
the  law.     (l)iito,  Maritl'  i:'),  1.S7.'),  No.  I'.O.  p.  1  "4. )  " 

In  iK-id.  the  fiir-sea!  trade  of  tlie  Miitisli  t'olmnbia  coast  was  of  m-'-ai  ii.;>oi  ranee. 
Seven  v<'S8els  weiv  I  hen  eii-iaiird  in  Ml.-  ti-^her.v.  oi"  \v!ii,-li  tin' ^^reate"!- iinim-ei  were,  iii 
Ir^Hf)  and  1-ST,  ■><'ized  by  the  I'niti'd  Stans  (iovernineni  in  I'.i  hrinjf  Sea. 

in  1H~4,  l»aniel  and  Ah  \ander  McLean,  both  Mrirish  subjects,  took  the  .Viiierieaii 
acliooner  >'(t>i  IHeijo  to  Hehrin;,'  S.a.  ami  were  .so  .successful  that  th<'y  reiunied  there 
ia  ldS5,  from  Victoria,  with  the  Mary  Ellen  and  the  Furonrik. 


N(.    13, 


iSir  '/ulidit  Paunn't'idi:  (c   Mr.  lUniiic. 

Washington.  Maii  l'.;.  Isimi. 
Sn; :   I  liiive  tliohorioi-  toiiifonii  yoii  tliar  a  srateiiit'iit  liavino' appeared 
ill  the  iK'W.spaptTs  to  Mic  flt'ccr  thai  Mie  I'tiitcd  .Sfatcs  icvimiik'  i-iniscivs 
liav»'  rcceivt'd  ordiM'.s  to  proicrd  t«>  lli'iiiiii:^"  Sea  fof  ilu*  piirposf  n(  pic 
vciitiii;;  the  excrcist'  of  tlie  seal   li.slu'ry  by  t'ortMyii  ve.ssels  in  iion-ti'iii 
rorial  wati-rs,  ^ind  that  sratt^iifiit  ha\  in.u'  hci'ii  coiitiniicd  yt's!«'iilay  lis 
yoii,  fain  iiist  rncti'il  hy  i!i».  Mnrqiiis  of  Siilisluiry  to  statt' ro  .mhi  that  a 
rniiiial   protest   Ity  Her  NFajcsiy's  (lo\ nniiMMit  a^'ainst  any  sncli  intci- 
lerenee  with  Iliitish  ves.sels  will  \)v  t'ofwardcd  to  yon  witiiout  dtday. 
I  have,  etc. J 

Julian  I'auncefute. 


No,  10. 

Mr.  Blaine  to  .S/r  Julian  I'aunfe/ote. 

Dei'\ktmknt  of  vStaik, 

W  iitiltiiiifton,  Mail  L'<i,  l.v.Mi. 

SiFi:   I  have  the  lioiior  t.»  ackiiowh'djj^e  th«'  iviteipt  ot'  your  notf  of 
tln'  L.'?d   instiint,  in  which  yon  infonn  ine  that  Her  liritaiinii!  Majesty's 
(nivi-i'iiiiicnt  wil!  formally  protrst  against  <*ci*'aiM  action  it'Cfiitly  tal;en 
by  this  (joveiiinuMit  tor  the  protection  oi"  the  Ahiskau  seal  iisheries. 
I  have,  etc., 

JA3IES  G.  r.l.AINE. 
II.  Kx.  4oO 5 


no 


SKAL    KISHKRIKS    0|'    liKIIKING    SKA. 


Ill 


No.  17. 

Mr.  /ihiliu'  tit   Sir  Jiilidii    I'tiiincr/'off 

l)Ki'\i{r:\n'.\r  of  Sta  tk, 

W'dsliiiiiiton,  Mitfi  Hi),  ISIM). 

Sii{  :  Vdiir  note  <»('  tin*  li.'xl  iiistiiiit,  iilroiuly  itckiiowUHlncd.  inlorins 
(his  (Mivcrimiciit  tliiit  yoii  "  luivc  been  iiistnieteil  hytlie  M;u(|iii.s  ol 
S;ili>l>iii y  to  slate  tliiir  Her  Miijesty's  ( Jovermiieiit  would  I'orward  with 
oiir  delay  !i  in'otest  "aj;ainsf  the,  eoiiise  whieh  this  ( "loveriiiiieiir  has  loiiiul 
ir  necessary,  under  the  hnvs  of  ( 'onjrress,  to  pursue  in  the  wateis  of  the 
Hehrinji'  Sea. 

in  turn.  I  am  instructed  by  the  Presi<h'nt  to  protest  aj^ainst  the  (;oui'se 
of  the  IJritish  (lo\'erninent  in  antin>ri/.in^-.  eneouiajiinji',  and  protectiiii: 
vessels  whieli  are  not  only  interferiui;  with  Anierican  lijjflits  in  the 
liehrinji'  Sea.  hut  which  are  doiu;,'  violence  as  W(dl  to  the  i'i;ihls  of  the 
ci\ili/ed  woild.  Tiiey  are  en;^a,i,'ed  in  a  warfare  ajialnst,  seal  life,  dis 
reyardiiifiall  tlie  re,<inlati(»ns  which  U'ad  to  its  prott'ction  and  CDniniit 
tin;:'  acts  which  lead  ultimately  to  its  destruction,  as  has  l)een  the  case 
in  c\('iy  part  (»f  the  worhl  where  the  abuses  which  are  now  clainu'd  as 
liritish  ri^ihts  have  been  |)racticed. 

Tiie  President  is  sill  prised  that  such  protest  sh<»iild  l»e  aut]iorize(l  b,\ 
l.orti    Salisliiny.  (specially   Itccause   the   previous   declarations   of   lii^ 
loidship  would  seem  to  render  it  impossible.     On  the   lllli  day  ol    No 
vemlter,  1SS7,  L(»id  Salisliiiiy.  in  an  oificial  interview  with  the  minister 
from  the   I'nited   States  (Mr.  I'helps),  cordially  a.iireed  tiiat  "a  eo<le  ol 
regulations  should  be  ado])ted  for  the  preseivation  of  tlu' seals  in  liehr 
my  Sea  trom  dfstriiction  at  improper  times,  by  improper  means.  1»\   the 
citizrus  olCither  country  ■"     And   Lord   Salisbury  siii^jfcsted   that    Mr. 
Phelps '' should  obtain  from  his  (iovernment  and  sulunit  to  him  (Lord 
Salisbury)  a  ski'tch  of  a  syste'M  of  lejiulations  which  woiihl  l)eade«piatc 
lor  the  piupose."     Further  interviews  were   held  during   the  following 
month  of  Pcbi  iiary  ( ISSS)  between  Lord  Salisluiry  and  t  he  American  miii 
ister,  anil  between  Lord  Saiisbur\   atid  the  Anierican   minister  ac(!om 
pauied  by  the  IJussiaii  ambassador.      In  answer  lo  Lord  Salisiuiry's  re 
iplest    .Mr.  Phelps  snbmillcd  t  he  '•  reyuhit  ions  "  which  t  he  ( Jovernineiil 
of  the   (nited   Slates  desired  :  and    in   a  dispatch   of   l*'ebrnary  lio  Mr. 
Phelps  communicated  the  following  to  .Mr.  Paxard,  Secretary  of  State  : 

I, Old  .sjiiisliiiiy  iis^cnis  h«  >(iiir  proiiusii ion,  to  f-t;ihlisii  liy  imitnal  arriiiiuciiuMil  Ix - 
iwctii  rlic  j:iivi'i iiiiH'Mls  iiiit'ii'sicil.  a  cIonc   iiiin>  lor  fnr  seals,  lu'lwi'cii  .\|iiil  I.")  aini 
Novciii'itr   1.  aii<l    lifiwccM    Ilin  dc^jrci's  of  |oiioiiii(li'  west    ami    I7t»  ilfyrci-s  ol    loii;;i 
tinlc  rasi  ill  ilii'  hiliiiii};  Sia.     Ami  Iw  will  caiisr  an  art  to  he  iiitioiliici'tl  into  I'.iriia 
iiic'iit  Id  ^ivo  t'liicl  t"i  tliis  ai  r.'iiiijriiu'iil   ,>o  Mioii  as  li  ran  lie  |Hf  jiarcil.      In  liis  opiiiioi, 
tliiicis  no  (loiilii  iliat  tlii'jKt  uill  he  passe  ' 


III'  will  ;ilso  join  tin'  I 


nilt'd  Slates  (iovi  rmneiit  in  any  prevoiit  i  vc  nicnsiin's  ii   iiia\ 


l)e  tlioiiiilit  lipst  to  ado|ii,  liy  orders  i.ssiii.'d  to  the  naval  vtis.sel.s  of  t  he  respeetive  jjov 
eiiiinents  in  i  lial  ii'yioh. 

Parly  in  April  (LSSSithe  Ifiissian  ambassador.  .Mr.de  Staal,  advised 
the  American  charge  "that,  the  Pussiaii  (Iovernment  would  like  to  have 
the  ic^^nlat  ions  w  Inch  mioht  be  aoiccd  upon  for  the  P.ehiino- Sea  (.\- 
ten<h'd  to  that  ]»(Ution  of  the  lattei  in  which  t  he  < 'ommander  Islands 
are  situated,  and  also  to  the  Sea  of  Okhotsk,  in  whicii  Ivobbeii  Lslaiid  is 
sitiiate(L" 

On  the  Kith  of  .\piil.  at  Lord  Salisitury's  invitation,  the  Pussian  am- 
bassador and  .Mr.  White,  the  .\merican  (diaryc  (Mr.  IMielps  bein;.;  absent 
iroin  London)  met  al  the  foreij^n  oHij'i'  "for  the  purpose  ot  discu.ssiny 


HKAI.    riSliriv'lKS    (IF    HKHKINci    SKh. 


67 


ISJH). 
intbnns 
r(|nis  ol 

(l  witli 
IS  tbuml 
•s  of  tin- 

e  courst^ 

ott'ctin.L: 
<   in   tin' 

S  of   tilt' 

life,  (lis 
cDimnit 
the   case 
vime<l  as 

)ri/«Ml  1>\ 
s  «)f  liis 
y  (»l   No 

iiiinistcr 
n  i'.oiW  ol 

in  Hflir 

IS.  l)\     tllf 

tliat  Mr. 
ini  (Loitl 
adrquiUr 
foltowiiiL; 
•ican  mill 
IT  a<'('oiii 
hiirv's  re 
vcrniiK'iit 

n  IT)  Ml. 
I»f  Slati': 

lij;i'mtMlt    lit' 

.liril  1.")  anii 
cs  (il  Ion;;! 
into  i'arlia 
I  liis  (ipiniiii, 

<un'sit   iiia.\ 

pcctiV*!   }I"V 

il,  adviscti 
ko  to  have 
io-  Si'a  ex 
cr   lslaii<l> 
n  Islaml  r-> 

nssian  am- 
'inn  absent 
(lisi'ussint; 


with  TjO|'<1  Salislim y  llic  details  of  tlic  proposed  eonvent ional  arranjLTP- 
ment  for  the  protection  ot  seiils  in  i.tiirin;^  Sea." 

"  With  a  vit'W  to  nieetin;;-  the  llnssian  ("lOvernunMit's  nislies  respeet- 
iny  the  wafers  siii  roiindiii^i  lJol»lien  Island,  his  loi-dsliip  sn^-tsted  that 
Iteside  the  whole  of  I'.ehiin^'  Sea  those  poriiuris  of  the  Sea  ol  Okhotsk 
and  of  the  l'aeiti<*  Ocean  noitli  <»f  north  latitude  17,  should  l»e  inclnded 
in  the  proposed  anaii^cineiit.  Ilis  lordship  intiniatiMl  tnitheiinore. 
that  the  ])eriod  )troposed  !»y  the  I'liited  States  for  a  close  lime,  from 
Apiil  l."»  to  November  1.  u\\'^\\\  interfere  with  the  trade  lousier  than 
altsohitely  necessary  for  the  ptoteclion  of  seals,  and  he  sii;i';:ested  Oc- 
t(d>er  1,  instead  ol  anKUith  later,  as  the  termination  of  the  jteriod  of 
seal  |)rotect  ion."  I'mtii^'iinorc,  Lord  Saiishury  •' |)roniise<l  to  have  a 
diaft  ('(Miventioi:  ]»ri'pai<'d  for  siil)miss:on  to  ilie  llti^sian  andiassador 
and  the  American  minister." 

Oil  the  Jod  of  A]»ril  the  American  charye  was  informed  by  Lord 
Salisbury  that  "it  is  now  propo.sed  to  jiive  etl'ecl  to  a  seal  ciin\ent)oii 
1»\  order  in  council,  not  by  act  of  Parliament."  It  was  niideisiood  that 
this  (ronrse  was  proposed  iiy  Lord  Salislnii\  in  order  liiai  the  re;^nla- 
tions  needed  i.i  jlehrinj;  Sea  miuht  be  promptly  applied. 

Von  Will  observe,  then,  that  from  the  11th  of  Xo\  eiiiliei'.  IR^l,  to  the 
li.'Jd  of  Ai)ril.  ISSS.  Liti'd  S  lisbury  iiad  in  e\er_\  t'oiin  of  speecli  assented 
to  the  necessity  ol  a  close  season  lor  the  protection  of  the  seals. 

The  shortest  jieriod  which  he  named  was  from  the  I.")fh  of  .\]H'il  to 
the  1st  of  October — five  and  one- ha  If  months.  In  addition,  his  lordship 
snji'yested  that  the  closed  sea  for  tlif  period  named  shonld  include  the 
whole  of  the  Lehrinu'  Sea  and  should  also  include  sncli  portion  ot'  the 
Sea  of  Okhotsk  as  wonld  be  necessary  to  |n'otect  the  Knssian  .seal  lishery 
on  llol»ben  Island:  that  the  closed  season  be  exren<leil  as  far  sont  h  as 
the '17th  de;;ree  of  mirth  latitude — li'n  miles  south  of  the  northern 
lioiindary  of  the  rnited  .States  on  tiie  I'acilic  Ocean,  lb*  promised 
further  to  draff  a  eonveiifion  upon  the  subject  between  I'^n;;land.  Lus- 
sia,  and  the  I'nited  States. 

These  assurances  wei'e  niven  to  the  .\meri(^an  minister,  to  the  Amer- 
ican char;:i(',  t<*  'I"'  L'ussiaii  ambassadnr.  and  on  more  than  one  occasitui 
t.i  two  of  them  fojicther.  Tlu'  I'nited  .States  had  no  le.ison.  thci'cfore. 
to  doubt  that  the  whole  dispute  tonchnii;'  flie  seal  tishciies  was  prac- 
tic  illy  settletl.  Indeed  fo  have  distrusted  it  would  have  been  to  ipn's- 
tion  file  "i-ood  faith  ot  Lord  Saiisi)ur\.  Li  diplomatic  intercourse 
Itetween  (iieaf  Lritaiii  and  the  I'liited  States,  be  if  said  to  the  hoiioi'  of 
Itoih  u'overnnu'nts.  a  verbal  assiiraiice  from  a  minister  has  alwa.xs  been 
equal  to  Ilis  wi'itfen  pled;;e.  SpeakiiiiT  the  same  lan^iuaiie,  there  has 
lieen  no  room  for  misnnderstandiii,u'  befwcn  rlie  i-epresenfafi\  es  of  the 
two  ij-o\'ei'nments.  as  may  easily  iiappeii  lietween  those  ol'  ditfereiif 
'on;ines,  I'or  a  period  ot  six  months,  thei-efore,  wifhotif  refraction  or 
•  jiialification,  withonf  tlio  sn^';,M'sfion  of  a  doubt  or  fln'  diop|»iiiu  of  a 
liiiif.  the  niideistandiny  bet  ween  f  lu'  two  <j:o\-erninents.  on  t  he  assurance 
i>l  Lord  Salisbiiiy.  was  a  s  complete  as  laiiiiuaue  could  mak«'  it. 

On  the  I'Sfh  of  April,  five  days  after  Lord  Salisbury's  last  jiointed 
assurance.  Ii\eda.\s  after  he  had  proposed  to  perfect  th«' scheme,  not  b.\ 
the  delay  ot  rarliament .  luit  by  the  prompiiiess  of  an  ordei  in  coun- 
cil, the  American  charyc  was  intbrmed  that  the  act  of  Parliament  would 
lie  necessary  in  addition  to  the  order  in  coum-il,  ami  that  neither  iict 
nor  tu'der  (;onld  be  drafted  "  until  Canada  is  heard  trom." 

For  .several  weeks  followinj;  April  L'Sfh.  there  were  many  calls  by  the 
.American  charge  at  the  fbieiyn  ollice  to  leain  whether  ••  Caimda  had 
been  hcaid  frtun.*'     lie  called  alone  and  calU'd  in  company  with  the  Itus- 


m 


G8 


SKAL    I'ISIIKKIKS    OF    IU:ilKI\(i    SKA. 


HJaii  aMil»iissinl(u-.  l-'iiially,  on  tlir  L'Otli  of  .Imic,  liOid  S;ilisl)ii;y  told 
liim  that  ill!  iir;:('iir  tt'l('«;raiii  li:nl  Ihmmi  ••scMit  to  Canada  a  week  a;;<i 
witli  rrsprct  to  tlic  delay  in  its  cxiu'ditioii."  aiiti  tlial  a  reply  liad  Iteen 
'•  n'ceived  by  the  secretary  of  state  for  the  eoluiiies,  saying'  that  tin 
matter  will  he  taken  ii|»  iinniediafel.\ ."  iNlr.  White,  relyiii;;  entirely  ii|MMi 
rliese  assurances,  ventured  to  ••  hope  thatsliortly  aftei'  Mr.  IMielps'  w 
turn  the  British  (rovernnient  will  lie  in  a  eonjlitioii  to  a;;ree  u[)«ni  tin 
terms  of  the  jiroposed  eonxc-ntion." 

.Ml.  I'helps  H'hirntMi  to  i.ondon  on  IheL'L'd  oi' .Inne,  two  days  aftei 
Ml'.  Wliite's  intervii'W  with  Ii(M»l  Salishniy.  and  immediately  after  iln' 
urgent  te'ei^ram  had  been  sent  to  Canada.  On  the  JStli  of  ,Inl.\  Mr 
IMielp."  :  .<1  iveeived  no  assiiraneei  from  Lord  Salisbury,  and  teU-- 
^laitluMi  the  departnu'iit  of  state  his  "fear  that  owiu«' to  Canadian 
(►ppositi(tn  we  .shall  ^et  no  eonventi(Ui.''  In  a  dispatch  to  his  (rovei'u 
ment  of  tlie  I'Jth  of  LSeptendter,  he  related  having  had  interview  s  witl: 
Lord  Salisbury  respectinji"  the  convention,  which,  he  says,  ha<l  been 
'•  virtually  ayreed  upon,  except  in  its  <letails."  Mr.  I'helps  goes  on  t(! 
say  : 

Tilt' coiisidciMtioii  iif  il  liiis  lifcii  sii.'^pi'iiilf  1  for  CDiiiiiiMiiicai  ion  l)yllu'  llriiisli  (ii)\ 
oriiiiiiMit  witli  tin-  ('aiuitliaii  y,(>vcriiiiMMit,  for   wliidi    |iiir|ioMe  an   interval    ol"  Novoral 
in<>ntli,s  1k;iI  Iuhmi  allowed  to  eiajtHi'.     Diiriii'r  tlii>  loii^j  iiilervai  tli«  attention  of  I, on! 
Salislmry  liatl  heen  ie|ieate(llv  calletl  to  tiii' snlijei-t    lt\-    tin;    .Vineriean  le^atnin.   ;inil 
on  tlio.x'  oecasions  the  answer  receivetl  iVoniliiui  was  thai  nnre|ily  iVoni  the  (.'aiiailiai 
anthorit  ies  liail  arii  \  ed. 

Mr.  1 'helps  proceeds  in  the  dispatch  of  SeptendH-r  I'J  to  say  : 

I  a;;ain  pressed  l.oid  Salishnry  for  the  completion  of  the  convention,  as  llie  exler- 
niinaUon  of  seals  hy  the  Canailian  vesseN  wa.s  understood  to  Ik-  rapidly  proet^tidin;:. 
His  loidsliiji,  in  r«'ply,  ilid  not  (|nest  ion  the  pitipriel  v  or  rlie  importance  of  taking;  ineas- 
nies  ti>  prevent  the  wanton  desti  uctioii  of  so  a  valiialtle  imlnsiiy,  in  which,  as  he  re 
ni;irkrd,  Kny;laiid  had  a  lar^e  interest  ol"  its  own  ;  hnt  his  lordship  stated  thai  tin 
(..'anadian  ;;ovcrnMn'nt  ulijccted  in  ,iny  snidi  restrictions,  and  thai  until  if.s  (Minseui 
conlil  he  ohtaiueil  Her  Majesty's  (io\  I'rnmetit  was  not  Vi'illiii;;'  U)  enter  into  the  con- 
vention. 

It  was  thus  finally  acl<U(»wledoed  that  tli«'  lu^jiotiation  into  which 
Loid  Salisbiiiy  iia*l  cordially  entered,  and  to  which  he  had  readil.\ 
ajiieed,  even  himself  su<i;iestin^  some  of  its  most  valuable  <letails,  wa.s 
eiitiicly  stilxM'diuated  to  the  jud;;inent  and  desire  of  the  Canadian  yov 
eitiment.  This  (ioveiiiment  can  not  but  teel  that  Lord  Salisbury  woidti 
have  dealt  mo'-e  frankly  if,  in  the  b»ninning,  he  had  informed  Minister 
IMudps  that  no  arrangement  conhl  be  made  iiniess  Caiuula  concui'red  in 
it,  and  that  all  negotiation  with  the  llritish  Government  direct  was  bur 
a  loss  of  time. 

When  you,  Mr.  miidster,  arriveil  in  this  (uuintry  a  year  ajio,  there 
seeme<l  the  best  pr(»spect  for  a  settlement  of  this  question,  but  the  Rus- 
sian minister  and  the  American  Secietaiy  of  State  have  had  the  expe- 
riences of  Mr.  IMielps  and  the  Kussian  ambassador  in  London  repeate(L 
In  oiir  early  interviews  there  seemed  to  be  as  ready  a  disposition  on 
your  jiart  to  come  to  a  reasonable  atnl  Hiendly  adjustment  as  there  has 
always  been  on  «>ur  part  to  otferone.  You  will  not  forjiet  an  interview 
between  your.self,  the  Hussian  minister-  and  mysidf,  in  which  the  lines 
toi  a  close  season  in  the  llehrinji  Sea  laid  down  by  Loid  Salisbury  werc^ 
almost  exactly  repeatetl  by  yorir.self,  and  were  inscribcul  on  nuips  winch 
weic  before  us,  a  (M>py  of  wliicli  is  in  the  possession  of  the  Russian 
minister,  and  a  copy  also  in  my  pos.session.  A  prompt  adjustment 
set'uu'd  practicable — an  adjustment  which  I  uni  sure  would  have  been 
honorable  to  all  the  countries  iideresteil.  No  obstacles  were  pre.serncd 
on  the  American   sidt'  of  the  (juestion.     No  insist^tnce  was   made  upoii 


to 


ni; 


lie 

is 

nil 
of 

an 

I 

on 

be 


SKA  I.    I'islli  K'|l>    OF    HKIIIMNc;    <1:A. 


(;9 


;y   told 

lid  bct'ii 
hat  r)i< 

•l_V  ll|KH. 

'Ips'  re 
l)()ii  the 

ys  iitt»'i 
\'U-v  llif 
Illy  Mr. 
11(1  tell'- 
aiiatliaii 

(fOVlTll 

i^.'H  with 

iUl     1>»MMI 

158  on  l<» 


ii  ihIi  (ii)\ 
of  M'viMal 
III  ol'   I. Kid 
tlHiii.    :iii<l 
Caiiailiiii: 


illl'    cxti'I- 

I'lMi't'iliiiL; 
kiiiji  iin-as- 
1,  as  lie  If 
il  tlial    th< 

tS    COIISl'lll 

J  tho  coii- 

r,o  wiiicli 
I  readily 
tails,  was 
diaii  ji'ov- 
iry  would 
Minister 
iciirrcd  in 
t  was  but 

i<r<),  tluM'c 
:  the  llns- 
tbc  ex])e- 
repeated. 
osition  on 
tiiere  has 
interview 
1  the  lines 
bury  were 
aps  which 
t>  Russian 
djustnient 
have  been 
presented 
nade  upon 


tlie  r>ehiiii<^  Sea  as  »inir  cluiisum  ;  no  objci-tion  was  interposed  )o  tli(^ 
entrance  of  iJiilish  shi|'sat  all  times  on  all  coiuinercial  ciiand>  tliroiiuh 
all  the  waters  of  the  Uehriii^  Sea.  l>nt  our  iie<,'otiations,  as  in  London, 
were  snddi'idy  broken  oil' lor  many  weeks  l>y  the  interposition  of  ( 'inada. 
When  coi  lespoiidence  was  •  Hiiiied  on  Hie  last  day  of  April,  you  made 
an  olfer  for  a  mixed  <'oiiimission  (»f  experts  t(t  decide  the  (juestions  at 
issue. 

Your  proposition  is  that  pela;iic  sealiiiji  should  lie  prohibited  in  the 
J'x'hrinjj  »Sea  (luring  the  months  of  May,  June,  October.  November,  and 
Ueci'inber.  and  tliat  there  should  be  no  prohibition  dnrinj,'  the  uionths 
oi  .Inly,  August,  and  Septemln-r.  Your  proposition  involved  the  con- 
dition that  I'liitish  xcssels  should  be  allowed  to  kill  seals  within  10 
iiiili's  of  the  coast  of  the  TribyloN  Islands.  Lord  Salisbur,\"s  proposi- 
tion of  isss  was  that  during  the  same  months,  for  which  the  10  mile 
|>rivile;,rc  is  now  demanded,  no  Ibitish  vessel  liimtin;;'  seals  should  come 
ni  arer  to  the  I'ribylo\-  Islands  iliaii  the  ITth  parallel  ot'  north  latitude, 
dxMil  t)(M)  miles. 

The  open  season  which  yon  tlius  select  for  killing  is  the  one  when  the 
ireas  around  the  breeding  islands  are  most  caowded  with  seals,  and  es- 
iiecially  crowded  with  tcfiiale  seals  ;;"oiii;;'  forti'  to  secure  lood  for  the 
liuiidiwds  (d'  t  hoiisands  ot  their  yoiiii;:  (d  whicli  tli«'y  liave  ri'cently  iieen 
leli\crcd.  ']'he  destruction  ol  the  females  which,  accordinji'  to  exp«'rt 
'estiiii(»iiy.  Would  be  !).")  ])er  cent,  of  all  which  the  seal  in, U'  vessels  mi, iriit 
readily  capture,  would  inllict  dea<lly  loss  upon  the  nidkeri'-s.  I'he  de- 
struction ot  the  females  would  be  followed  by  the  deNiruitiou  ol  their 
voiiiin-(,ii  the  islands,  and  the  lier(!s  would  l)e  dimiiuslied  the  next  \ear 
iiy  this  wholesale  slaughter  ()f  the  proilucin;^  females  and  their  oll- 
>j.rin«;. 

The  lO-mile  limit  would  j^ive  the  maramlers  the  vantajze  <:n>und  for 
\illinji- the  seals  that  are  in  the  water  by  lens  of  tliousamks  searcliiii;n' 
lor  food.  The  opportunity,  under  cover  of  lo«:  and  ni^ht,  for  stealing: 
-ilciitly  upon  the  islands  ami  slaii^hteiin;ji;  the  seals  within  a  mile  or 
even  less  (d'  the  keeper's  rcsideiM-e.  wdiild  laijLjely  increase  the  a>ij:rej;ate 
destructicui.  liidcr  such  conditions  the  Ibitish  vcssids  jMUild  «'Veiily 
'iivide  with  the  Cnited  States,  within  the  3 mile  limit  of  its  own  >lioies 
and  upon  the  islands  themsches,  the  whole  advantaji'e  of  the  seal  lish- 
cries.  The  respect  which  tin' sealinjj;  vessels  would  i>ay  to  the  Ibinile 
limit  would  be  the  same  that  wolves  pay  to  a  tiock  «d'  sln'cp  so  jjlaced 
ihat  IK*  shei)lierd  can  ;^nard  tlieiii.  This  arranu-cnieiit.  accordinu' to  your 
piojiosal,  was  to  continue  lor  three  mom  lis  <»f  i-acii  year,  the  iicst  months 
111  tlie  season  for  depredations  uptm  the  seal  iierd.  No  course  was  left 
!n  the  I'liitcd  States  or  to  L'ussia  luit  to  lejet  r  the  |»ropositioii. 

The  proi>ositionsinade  Ity  Lonl  Salisbury  in  IssSaiid  the  piopositiona 
made  by  Her  Majesty's  minister  in  Wushin^ton  in  ls<H»  are  in  si<;niti- 
■ant  C(»iitrast.  The  ciic  iimstances  are  the  same,  the  conditions  are  the 
>aine,  the  ri,i;hts  of  the  Inited  Stales  aii'  the  same  iiibotii  years.  The 
])ositi(m  of  i;n;ilaii<l  hiis  changed,  because  the  wishes  of  Canada  have 
deinaii(le<l  the  change.  The  result  then  with  wliicii  tiie  Cnited  States 
is  expected  to  be  content  is  that  her  riiihts  witliin  tin-  r.ehiin;;  Sea  and 
on  the  islands  thereof  are  not  absolute,  but  are  to  be  determined  by  one 
<d  Her  Majesty's  piovinces. 

The  r.ri'tisli'CJovernment  would  assuredly  and  riyhttully  cmnplain  if 
an  agreement  between  her  representative  and  the  representative  <d' the 
L'nited  States  should,  without  notice,  be  broken  otf  by  the  Inited  States 
on  the  j-round  that  the  State  (dCalifornia  was  not  willing:  that  it  slionld 
be  completed.     California  has  a  go\  crii<»r  «;lioscu   iii(U'[>enilently  of  t  i 


70 


SEAL    IJSIIKklKS    Ul'    BKHKLNii    SEA. 


ext'«Mitiv<'  |»o\vt'r  of  flic  Xiitioiial  (joxiMiiiiu'iif ;  ('iiiiiida  liiis  a  jjovrMiior 
appoiiit*'"!  l>.v  tilt'  lliitisli  iJidwii  Tlic  U';;islatun'  ol"  Calitoiiiia  ciiarts 
laws  with  wlii«'li  |Ik»  cxcciitivt' jtower  of  tin*  I'liitfil  States  has  no  rij^lit 


CXfClltlVO 

<'aii 


whatever  t(»  iiilfileie ;  (.'anada  enacts  hiws  with   whicli   tlit  . 

jtower  of  (Ireat  llritain  <'aii  iiiteileic  so  faras  altsohitely  to  annul.  <'an 
the  (loveinnient  of  tin*  United  States  he  ex|ii'ct('d  to  aiteept  as  final  a 
decision  of  the  (lovernin»Mit  ofdreat  llritain  that  an  a;;reenient  witii 
the  I'nited  States  can  not  l)e  Inllilled  liecause  the  proviiuu' of  Canada 
objects.' 

This  reviewed"  the  circ-uinstances  which  led  to  the  picsent  troubles 
on  the  I'.t'hiinii  Sea  (piestion,  has  been  preseut('(l  by  direction  of  the 
Picsidenl  in  Older  to  show  that  the  responsiltilitv  does  not  i-est  with 
this  (jovernnient.  Tiie  ehanjic  of  poli(!y  made  Ity  Her  .Majesty's  (lov- 
ernnieiit  without  notice  and  ayainst  the  wish  of  this  (lovernineiii,  is  in 
the  i'residenrs  b(dief  the  cause  of  all  the  diflVreuces  that  have  followed. 
I  am  further  instructed  by  the  President  to  say  that  while  your  pro- 
posals of  .\pril  .'iO  can  not  be  at'cepted,  the  I'nited  States  will  continue 
tiie  ne.uotiation  in  hope  of  reachmji' an  a^rei'inent  that  uia\couiluce  to 
a  <i(>od  understanding'  and  leave  no  (^anse  for  future  dispute.  In  the 
I'resident's  opinion,  owin;;'  to  delays  for  which  this  (iovernment  is  not 
responsible,  it  is  too  latt'  to  conclude  such  nejiotiatiou  in  time  to  apply 
its  result  the  present  season,  lie  therefore  [troposes  that  Her  Majesty'.s 
(iovernment  a;;ree  not  to  permit  tlie  vessels  (which  in  his  jiidiiinent  do 
in)ury  to  the  property  of  the  I'nited  States)  to  enter  the  nehriiijLi'  Seu 
for  this  seascm,  in  ordvr  that  time  may  be  secured  for  nc;i<»tialiou  that 
shall  not  be  disturbi-d  by  untowaid  events  or  unduly  mlluenced  by 
popular  an'itaiion.  If  this  offer  l»e  acc<'|»ted,  the  I'resideiir  iielieves 
that  before  aiioilier  season  shall  open,  tlie  friendly  relations  existing 
between  tlie  two  countries  and  the  mutual  desii»^  to  continue  them,  will 
lead  to  treaty  stipulations  which  shall  be  permanent,  because  Just  and 
honorable  to  all  parlies. 
1  lia\e,  I'lc, 

James  <1.  Ulaine. 


^'o.   18. 
.)//•.  JUdiitc  to  Sir  Jul  ((lit  Pdidiir/otc. 

J)ei'A"vTment  of  State, 

((■sliiitf/loH,  'June  1',  ISIIO. 
Mv  Deai:  Sii:  -Iii^ian:  I  have  had  a  prolonged  inter\iew  with  the 
President  on  the  matteis  upon  which  we  are  endeavoring-  to  come  to  an 
aj;reemeiit  touchiii;;-  the  fur  seal  question.  The  I'resident  expresses 
the  opinion  that  an  arbitration  can  not  be  conchided  in  time  for  this 
seas(»n.  Arbitration  is  <»f  little  \aliie  iiiih'ss  condiicti'd  with  the  most 
careful  deliberation.  What  the  I'resident  most  anxiously  desires  to 
know  is  whether  L(»rd  Salisbury,  in  older  to  promote  a  friendly  solu- 
tion of  the  (juestioii,  will  make  lor  a  sin.ule  season  the  regulation  which 
ill  1.S88  lu'  olVered  to  make  permanent.  The  rresident  regards  that  as 
the  step  which  will  lead  most  certainly  and  most  promptly  to  a  friendly 
aiiieement  between  the  two  (lovernmeiits. ; 


1  have,  etc. 


re 
of 
re 


James  (i.  1'>eaine 


S1:AL    I' LSI  I  Kit  IKS    OF    IJKilKING    SEA.  71 

>.(».    ID. 

Sir  Juliidi    I'diinrcfniv  io  Mr.  Ulnlne. 

r.Krnsii  Lkcation, 
W'osliiiifitnii,  J}.  ('.,  June:'),  LSiMi. 

Dhak  Mil.  I'.i-AINK:  111  reply  l<»  yoiii  Icttci'  <»f  xrsicnlay  cvciiiim, 
toticliiiifi'  tlu'  liii-.M'iil  <|ii('sli()ii.  I  Ih-i^  to  statf  tlcil  I  aiii  in  it  ]M(sitii>ii  to 
answer  at  oiku^  tin*  iiKiiiiiy  "  W'lictlier  Ijonl  Sulisbury^  in  <tr<WM  tn  pro. 
uKth'  a  IVirmlly  soliitii  ii  of  the  (|iit'stioii.  will  make  tor  a  >iiii;U^  .season 
lilt'  le^^'iilalion  wiiicli  in  1S,S8  lif  ollt'icd  to  niai<t'  pviinanent.'' 

The  words  wliicli  1  (pioLe  IVoni  yoni  Ifitei  iiave  ret*  rencc  no  douhr 
t(t  tilt*  pr()|»osal  of  tlie  rnitetl  States  that  liiitish  sfiiiinj;'  vessels  shoiilil 
he  entirely  exclmled  Ironi  the  ISehrint:  Sea  during'  the  seal  ti>heiy  sea- 
son. I  shall  not  atteiiipl  to  discuss  here  whetlu'r  what  took  plaee  in 
I  he  eoiirse  of  tiie  al»orti\e  iie«,n»iiations  of  ISSS  ainomiled  to  an  otfer  on 
the  part  of  Lord  Salisluuy  'Mo  niake  such  a  rej;ulati(ni  i>erniant;ni.*" 

It  will  sufliee  for  the  |»resent  purpose  to  state  tliat  the  liirther  exam- 
Illation  of  the  question  whi«h  has  taken  place  has  sarisiieil  lli^^  Lord- 
>lii|>  that  such  an  extreme  nieasiire  as  that  proposed  in  IS.S-^  j:oes  tai' 
iteyoiid  the  re«piii  eiiieiits  ot   iliecase. 

Ifer  Majesty's  (io\ernnieut  are  (piite  willino-  to  a(h)pr  all  nu'asures 
V,  hich  shall  l»e  sat  isfactoiilx  proved  to  he  necessary  tor  I  he  pieservation 
ut  tlie  fill -seal  species,  and  toenlorce  siii-li  measures  on  British  sul'iecis 
ly  proper  le;;islation.  Hut  tiny  are  not  preiiared  to  ajifee  to  such  a 
leiiulation  as  is  sii;4';:'ested  in  yoiir  letter  for  The  present  tishery  season. 
.!>,  apart  fr<)m  (tther  considerations,  theie  wouhl  iie  no  le;:al  i»ower  to 
eiitorce  its  ohservance  on  Uritish  suhjects  and  Hriri-sh  xcssels. 
1  liave,  etc., 

,It  LIAN  I'Al  .NCEl-'olK. 


No.   l'(). 
Mr.  Blaine  to  iSir  Julian  raunce/otc. 

Depak'imkn'i   of  State. 

WiisliiiKituii.  Juki'  1,  ISltO. 

Sih:  I  have  your  favor  of  the  I'd  iiistani.  The  President  sincerely 
ie<;rets  that  his'considerate  and  most  triendly  proposal  tor  ad,iu>tiii»'iit 
ol'  all  troubh's  connected  with  the  nehi'iny-  Sea  shouhl  l)e  Si»  prompt  ly 
lejected.  The  i)ara';iaidi  in  \«uir  iu»te  in  which  you  refer  to  Lord  Salis- 
iuiry's  position  need.s  exi)lanation.     1  (piote  it  in  lull  : 

It  will  sullico  tor  the  -jn-snil  imri.es.'  to  staff  thai  tli.-  fiuili.T  fxaiiiiiiatioii  of  tlio 
ijin'stioii  wliich  lias  tak  ui  plaoo  hassalisti.Ml  His  l.onUliip  ili.ii  ^inli  an  .•xlleiiio  iii.fiis- 
iire  as  that  proitostMl  iu  HS-i  jroes  far  beyoinl  the  UMiiiiremeiits  ot'  tin-  v.isv. 

1  do  not  know  what  may  have  l>een  the  '•examiiiati(»n  of  the  <pies- 
lion"  that  "  has  satished  Lord  Salisbury  that  such  an  extieme  measure 
as  that  propo.sed  in  18.SS  jioes  far  be\ond  tlu-  reipiiremeiits  of  the  case." 
I  only  know  that  the  most  extreme  measure  proposed  cam.'  iVom  Lord 
Salisbiirv  himself  in  siioM-estini;  a  close  seasim  as  far  south  as  the  lorty- 
seventh  parallel  of  latitude,  lo  last  iroui  Ai»ril  \r,  to  October  I  in  each 

year.  ,  , 

At  the  close  of  his  neuotiarions  with  Mr.  Phelps  in  September,  is.^s. 
His  Lordship,  still  approvinu'  the  •■  measures  to    prevent   th»'   wanton 


72 


SKAI-    FISHKIMKM    OF    MKIIIMNf!    SKA. 


li 


tlcstniriiuii  of  so  viiliiiil»l(' iiii  iii<liiMtr\,"' <ltvliir«'(l,  ii|>|>iir«'iitly  Willi  re- 
yivt,  tliiil  "Mliti  < 'iuiinliaii  (iM\  friiiiiciit  uhifctrd  lu  ;m\  such  icslri*!- 
t  ions  "  (/.  /'.,  its  tliosc  wiiicli  1 1  IS  I.oi(lslii|)  Inid  in  p:it't  |iio|>os'm|  iiiiil 
wholly  :i|>|M()\(Mi  I,  and  tliiit  "until  its  consnit  ^ouM  lit' olttaint'd  llci- 
.Maji'sty's  (ioviTiiUHMit  was  not  wil'in;: 'o  »Mit«'i'  into  the  conviMitioii." 
It  IS  «'\i(|t'iit.  tin'icroic.  that  in  l.SSS  Loid  SalisUuiy  alunptly  cIosimI 
t  lie  in';iutial  ions  hccausc  in  his  own  pliiast'  '^'Ihc  ('anadiaii  (lovcrii 
nn-nl  oi>j«'<'t»Ml."  lie  assiyin-d  no  other  reason  whati-viT,  and  until 
Nonr  note  ol  the  I'd  was  ic('«'ivi'<l  t his  (loxt'iiiincnt  had  in-vci'  ht'cii 
inh>iiiM'd  that  iiis  IiOi'dslii|i  t-ntcrtaincd  an,N  otiu-i'  oltiL-ciious  tiuiu 
those  exju'i'ssed  in  SeptrnilMT,   ISSS. 

It  is  |iio|(«'i'  to  ifcall  to  yonr  rrcoih-ction  that  at  divers  times  in  i>or- 
sonal  coiisi'rsation  1  have  proposed  to  you,  on  lichall  »»!'  this  (iovern- 
nient,  a  elose  seasiui,  materially  shorter,  in  ])oint  ot'time,  tliiin  was  voliin- 
tai'il.v  ottered  by  liord  Salishmy  and  niiicli  less  e\tinded  in  point  ol  space. 
Instead  of  i^dinu  as  I'ar  south  as  the  loitysevcnth  parallel  I  have  Ire 
i|Uenlly  indicated  the  williiiiincss  (»!'  this  (lovernmeiit  to  take  I  he  divid- 
ing line  between  the  Pacific  ( )cfan  and  the  I'.ehrin;^  Sea — the  line  which 
IS  tan.ucnt  to  the  soutlieriimost  island  ol  the  Aleuiian  j^ioiip — beinj:  Jis 
near  as  may  Ite  the  lillieth  parallel  of  iitutli  latitude. 

lOarly  in  .Vpril  you  will  renieiidnT  that  >ou  sn;^;;i'sfed  to  nu'  the  ad- 
vanta;;e  that  mi,i:lit  follow  if  the  sailiii;;' of  the  revenue  cutters  foi'  I'.chr- 
iiiji  Scii  c(»uld  be  postponed  till  the  middle  of  .Ma,\.  'rhou;;h  that  was 
a  matter  entirely  under  the  coiitrcd  of  the  Treasur\  Department,  Secre- 
tary Wiiidom  prompll>  complied  with  ymir  rctpiesi,  and  by  the  Presi- 
dent's direction  a  still  loii^t'r  post poiienu'iit  was  ordeied  in  the  hope 
that  some  form  of  eipiitable  adjustmiMit  mi^ht  be  proposed  by  Her 
Majesty's  ( 'io\  erniiieiit.  Mveii  t  he  rev  eiine  cut  ler.  "  hicli  annua lly  passes 
ihionyh  Ijchiin;;  Sea  carrying;  su|)plics  to  tin-  lel  station  .it  Point 
Harrow  in  the  Arctii;  Ocean — seventy-sj'cond  (h'liree of  North  latitude — 
wiis  hehl  bacK  lest  her  appearance  in  iiehrinj^'  Sea  mi^ilit  be  misrepre- 
sented as  a  non-obser\anti'  ol  the  undersiandin^r  betwei'U  us. 

It  is]»erfectly  eh-ar  that  if  your  claim  for  Pritish  vessels  to  kill  seals 
within  10  miles  of  the  l*iibyl(»v  Islands,  directly  after  the  mothers  are 
delivered  of  their  ynun^,  should  be  j^ranted.  the  P.ehiinji-  Sea  would 
swarm  with  vessels  eiijiamed  in  sealing — not  forty  or  litty.  as  now,  but 
many  hundreds,  tlirou;;h  the  sumTui'r  inontiis.  li'lhat  privil»'<;e  should 
be  ^iiveii  to  Canadian  vessels,  it  must,  of  (bourse,  be  conceded  at  once 
to  American  vessels,  if  the  rookeri«'s  are  to  be  thrown  open  to  Cana- 
dians, they  vv(uild  <'ei  tainly,  as  matter  of  common  liy  hi,  be  thrown  open  to 
citizens  ot  the  I  niled  States,  'i'he  s»'id  motheis.  wliich  letpiire  an  area  of 
froiii  10  to  ."»(>  miles  Iroin  t  he  islainU.  on  all  sides,  to  secui f  food  for  their 
voiiiil;.  W(»iild  be  slau;;liteic<l  It.v  hundreds  (»f  thousands,  and  in  a  biief 
space  ol  time  there  would  be  no  seals  in  the  Pelirinji  Sea.  Similar 
canst's  have  uniform  Iv  piodiicetl  similar  elfccis.  Seal  rookeries  in  all  parrs 
ol  I  he  world  have  been  ilesti'oyed  in  that  way.  The  |u«'sent  <'ourse  of 
Cri'at  Itrilaiii  w  ill  jtroduce  the  same  elVect  on  theonlv  seal  rookery  of 
any  value  left  in  the  waters  ol  the  oceans  ami  seas  ot  the  ;.'lolie.  The 
r  niled  Slates  have  leas«'d  the  ptivile{;e  of  sealing  because  only  in  that 
way  can  the  looki-ries  be  |ucserved,  and  (tiilv  in  that  way  can  tills  (!o\- 
einmeiil  derive  a  revenue  from  the  Piibvlov  Islands.  (Ireat  IJiilain 
would  perhaps  ^'ain  .somethint;  for  a  fi'W  yeais,  but  it  would  be  at  the 
e\|iense  of  dest  royinu  a  \  aliiable  inlcK'st  beloii<;inji  to  a  friendly  nation — 
an  interest  wliich  the  civili/ed  woild  desires  to  have  pii'served. 

I  observe  that  you  <piote  Treasury  Aj;»-ii;  (leor^ic  P.  Tiii;;le  in  your 
ilispattdi  ol  April  .'{(>  as  showing;  that,  notvvitlistaiidin<r  the  depred  dions 


SEAI.    FIKIIKKIKS    (»K    lilillHlNa    SKA 


73 


III  ro- 
stri*'- 

illHl 
ll<M 

tioli."' 

InSJMl 
Nflll 

iiiitil 
1m'«'Ii 
tllilll 

I  i)or- 

vcni 

oliiii 

|»ilCt'. 

('  lit' 

livid- 

w  liicli 

ill};  as 


llocU. 

Iliiviiijr  introduced  Mr.  Tiiijilc.  who  lias  vovy  cvfonsivo  Uiiowlcd'^p 
toiicliihji  I  he  M'.ils  ill  IJcliriii;;  S«m,  as  well  as  tlif  lialals  ol  I  In-  ( 'aiiadiaii 
iiiaraiHlcrs,  I  trust  von  will  not  <liscr«Mlit  his  tfstiinony.  Tin'  lollowint; 
statement  made  hv  .Mr.  'rinylc  In  liis  otlicial  ie|M>r(  lotlie  riejisiirv  l>e- 
liaitmeiil  at    the  close  o|    ihe  sra.soii  of  j.sST  is  res[»eeiritll,v   coiniiiendeil 

t  ,.      t   .VII  ■'    ...>ii<.<i.l..iMi  I  i..ii    . 


Ml       >  <  M  I  I      I    I  1 1 1  .'^  1 1  I  <  -  I  f  I  I  I  <  1 1  I    . 

I  mil  now  coiiviiict'il  t'roin  wliiil  I  natliiT  in  qiU'Miidnina;  tlit'  iiion  luOonijiinj  to  ca])!- 
iiri-il  st'liiiMntTH  iinil  troiii  i'i-:i<liiiu;  tin-  lo^>4  nt'  tin-  vi-shcN,  tliaf  not  luon-  llian  (in(>  Ni*nl 
in  t*Mi  ixiilt'ii  iiihI  nioi'ially  v\  oinnli'il  i^  liindi'il  on  tlii>  l>oai  m  iitiii  skinnt-tl  :  tlui-.  v  on  will 
sec  tile  Willi!  '11  ilcHtriiction  111' seal  lil'i'  witlioiit  any  licnrlif  wliairvtr.  I  tliiuk  lii'.iMtO 
^Ivin.^  laki'ii  tl  is  >car  in  a  low  fHlimalH  on  iIiih  liasis  :  auii.iiiMi  t'lir-NcaU  wfii«  kilii-il  to 
'•iTinf  that  iiii'iiImt,  or  tliii'i-  tiinrs  as  many  as  the  .M.i.Mka  i  nmtiicnial  <'<»iii|iany  ar« 
mIIowimI  liy  l:i-,.  to  kill.  ^ "ii  can  n'ailil\'  ><•<'  that  tlii-^  j^ifai  ■•launliliT  of  ■,«';ij>i  will, 
in  a  t'fw  \faiM.  makt-  il  iiii|io,ssil>lc  tor  Ioii.imki  skiiix  to  lie  takm  on  tin-  iHlamis  l»y  tlu' 
ii'SMcfs.  I  cariK'Nlly  lio|ii'  niori' riijoionsnn'asnn's  w  il!  lie  ail'ipli'il  'ly  I  In*  <iovfnimeiitr 
in  ilt'iiliiiy;  witli  tlirx    ilrsi  iiict  i  \t'   lawlinalvflN. 

r.otli  of  Ml.  'I'iiiole's  statements  aii'  ina«le  in  his  otlicial  capacity,  and 
ill  lioth  cases  In-  had  no  ti'in|itation  to  stale  an\lliiii;;  except  what  he 
honestly  heliexcd  to  Ix'  the  tnith. 

The  I'lesidcnt  docs  not  conceal  liis  disappointment  that  even  for  the 
sake  of  seciiiiiio  an  iinp.iitial  arltitralion  oi  the  question  at  issue,  Iler 
.Majesty's  (io\erniiient  is  not  willinji  to  siispeinl,  lor  a  siiiolf  season,  the 
])ractic«'  which  Lord  Salisluiiy  described  in  isss  as  ''the  >vaiitoii  de- 
struction of  a  valnahh'  industry,"  and  which  this  (lovernnient  has  iini- 
torinly  rejiariU'd  as  an  unprovoked  invasion  of  its  esta  ilislied  rijihts. 
1  lia\«'.  el''.. 


.lAAirf!  (!.    P.I, AIM'. 


No.  L'l. 

iSir  ,} tilittn  I'aiiinrjoti:  to  Mr.  lUdiiii: 

A\'ASin.\GTON,  June  a,  1S(»(>, 
Siij  :  T  liavellie  honor  to  acknowlcdoe  the  ictciptol  your  olVicial  note 
of  the  Itli  instant,  co'iiiiieiitiii;:  upon  the  reply  which  I  returned  toth,e 
impiiry  i'ontaiiied  in  \o;ir  lettei'  of  tiir  I'd  iiisi.ini.  wlu'tlter  the  Manpi  h 
of  Salishiiry  would,  in  older  to  promote  a  trietidly  solution  of  rlie  fur- 
seal  iiuestioii.  a^MH  to  the  total  exclusion  ol  IWiIish  se.iiers  fioiii  tli« 
Hehriii};  8ea  duiiiio  the  present  (isliery  season.  Vou  expies.^  the  iv- 
yret  ot  the  I'resideiit  that  •'his  considerate  and  most  'Vieiidly  proposal 
lor  the  adjustment  of  all  rroiihle  coiinecled  with  the  I'x'hriii.u  'Sea  slioiiUl 
lie  so  promptly  rejected." 

I  have  this  da>  t ransmil ted  a  copy  of  your  note  ro  Lord  Salisbury, 
and  lu'iidino  further  instructions  1  will  abstain  from  pursuiii-i  the  dis- 
t'lission  on   the  various  imints  with   which  it    deals,  especially  as  the 


r 


74 


SKAL    I'l.SIIKKIKs    OF    hi:il?ilN(i    «1:A. 


vicwsol'  Hit  Miijcsty's  (Invciiiiiii'iit  on  the  iiiiiiii  (iiU'MiioiiH  involve;!  art' 
hliilcd  witli  ;;!»•. It  |»n«-i.sioii  in  Loid  Siili.sl»iir_\ 's  ilispiiti'li  ot  IIh-'JlM  of 
May,  wliii'ii  I  liad  tlu;  lionor  to  i-okI  to  .voii  .vrstrnlii.v,  ami  of  wliii'li,  in 
ii*'«-oi'<liUi(M>  witli  yoni' <l<'siu'.  I  lt>lt  a  (''0|)>  in  your  lian<ls.  i  would  onis 
ol».s«'i\  !•  liial  ;is  i(';iar»l.s  the  snllicicncN  oi  insullicijMiiN  of  t  lir  i  iniiiisot  ten 
uiilt'M  ai'oiiiiii  tlic  rookeries '>  within  wliieli  Her  ..Majest.v'.s  (iovernaient 
proposed  lliat  sealers  slionld  Ite  evchlded '^  no  opporliinilV  \va>  alVoidetl 
me  (»r  diseiissin;;  the  tpiestion  hejore  the  piopo.sal.s  of  Her  .Maje.sly'.s 
tioNi-rninent  were  .siinnnarily  rejeitte*!, 

1  may  iiieiitioii.  also,  that  I  fear  there  has  lieen  .some  mi.sappi«diension 
as  i'e;:ard,s  a  letpiest  which  yon  appe.ir  to  iiaxc  understood  me  to  make 
respeetin.u  the  d.ite  of  the  sailing'  of  Cnited  Stat«'S  revenue  uiitttMs  for 
iJeliriiiy  Sea.  I  lia\e  no  I'eeolleciioii  of  haviii;;  made  any  siiyy:estioii 
with  releieiice  to  those  rt'Vi-niie  rutters,  except  that  llu'ir  eoinmanders 
should  reeeivt*  explicit  iiistrnetions  nor  to  apply  the  municipal  law  of 
the  I'liited  States  to  llritish  ves.suls  in  liehriiijn  Sea  outside  of  territo- 
rial wateis. 

1  ha\  e,  t'tc, 

.In.iAN   IVuNci;]  (»]K. 


-No.  Jl'. 


Sir  .Jiiliini    I'ltuiucl'oic  ^>  Mr.  Hlniiic. 

[f'.xtrat't  rnmi  l<lf;^iiiiii  Iruin  tin-  M;niiiii-i  of  Sali.sliiirs .  | 

•  (Heceivi'd  .Iniie  !».  IS[H).) 

Lord  Salislmry  re^it'ts  that  the  riesideiii  of  the  I'nited  Stales  should 
lliiiik  him  wanriii;;  in  coneilialion,  but  liis  lordship  can  not  relVain 
llom  thinking  that  the  President  does  not  apprcciatt'  the  dillicnlty 
arisiiii;  from  the  law  of  iliijuland. 

It  IS  entirely  beyond  the  power  of  ller  Majesty's  (lov«'riimeiit  to  e\- 
elude  iiritish  OI'  ('anadian  ships  Irom  any  portion  <d'  the  hi^h  seas, 
even  for  an  iKUir,  wiihont  leyisIaiiM'  sanction.  Ilei-  Majesty's  (loverii- 
ment.  have  always  been  willinji,  without  pledj;iii,n  themselves  to  details 
on  the  (pu'stions  of  area  and  date,  lo  carry  on  ne;.it»tiations.  hoping;' 
therel>y  to  come  to  some  arraiijiiement  for  sui-h  a  close  season  as  is 
necessary  in  (uiler  tt)  preserve  tin*  seal  species  from  extinction,  but  tiie 
j)i'ovisions  of  such  an  arran^t'ineiit  would  always  re<|iiire  legislative 
^anctioll  so  that  the  measures  ther»d>y  determined  may  l»e  enlbrced. 

Lord  Salisbury  does  not  recoKid/.e  the  expressions  attributed  to  him. 
lie  d(»es  ii(»r  think  that  he  can  have  used  them,  at  all  events,  in  the 
coiiteM  mentioned. 


Xo.  L»;;. 

Mr.  liUiim  til  Sir  •hilinn  I'liuncefote. 

DkI'AHTMEM'   of    STA'IK, 

WdtfltiKf/tiHi,  June  11,  1S!)0. 
Silk':   I   liaxc  shown  to  the  I'resideiit  the  extract  from  the  telej;raiii  of 
Loid  Salisbury  of  .liiiu'  !»,  in  which    his  lordship  states  that  •'  it  is  be- 
yond the  power  (»f  ller  Majesty's  Government  to  exclude  liritisli  or 


SKAL    FIHIIKK'IK.S    OF    lltllllClNci    SKA. 


75 


il  of 
I,  ill 
»iil\ 
t.-ii 
iriit 

Hv's 


('iiiiiMliaii  ships   tVoiii  any  iMtrtiiUi  at"  tin*   liijili  soaiH,  ovcii  Uw  an  ln^ur, 
witlioiit  lt'y;is|.ili\  I'  sanction." 

Not  Htoppiii;;  to  (;otiitiu'nt  upon  tlit't'art  that  his  h>i'(lshi)i  assnini's  tho 
watt'i's  siiri'oniHiiii;;  tht*  l*ril>\ln\-  Islantls  tn  ln-ihf  •»  hi;:h  seas."  tnc 
l'r«'si(lt'nt  insii  lifts  ini'  to  sa,v  tiiat  it  wmihl  satisly  this  (iovfrnini'iil  if 
Lord  SalislMiry  wmiM  hy  piil»lii;  prochiiiiafion  simply  r«M|u«*si  that  yi>n- 
.>«'ls  .sailinji  niidiT  llic  iWitisli  ilay;  slioiild  ahstaiii  tru:i  i'liifiiii-  ihi-  l'>«'h' 
i\nii  Sea  lor  the  piH'sciil  season,  if  tins  it'ipU'st  shall  lio  (•(nnplicd  with, 
tiicie  will  bt'  fall  tiiiif  for  impartial  nc}:otiatlons,  and,  as  the  l'i'«*sid*<nt 
hopes,  for  a  frii'inll.v  (ioiirlnsion  of  tin- dint'iciiccs  hcrwcrii  tin-  twoCiov- 
crniiM'nls. 

I  have,  t'tf., 

.1  \MES  (i.   I 'I.  A  INK. 


>o.  LM. 


SirJiiliini  l'(iHnr(i\it(   ti>   I//,  /ilaiitv. 


\\  .vsiii.\(,  roN,  -hnii  11.  l.Sl»t». 

SiU:  I  have  lla-  litaior  fo  afUnowU'd;;t'  yttiir  note  ol  tUisda.\  with 
jt'ft'rt'iu'i'  to  \\\r  passa^r  in  a  teley[ram  Irom  thu  .Mar<|uis  of  Salisltiiry, 
whifh  1  (•omiiiiiiiicatcd  to  \o"  •''  '""'  int»'r\i»'w  of  tlu?  '.Hh  instant,  to 
tht' fll't'ct  that  "It  I.'.  iK'yinid  tlu'  |iowt'r  ot  Ilrr  Majcsts's  (loxfinnifiit 
to  excliiiU'  iJritish  or  <'aii.nlian  ships  lioin  any  [>oriioii  ot  tin*  hif;h  mms, 
even  for  an  hour  without  ic-ii^lativc  action." 

Von  iiifonn  nic  tiiat  withnnt  conimcntin^'  on  the  fact  tliat  lii>  Un'd- 
ship  assumes  the  watcis  snnonndin;.;'  the  I'rihylov  jslaiuls  to  lie  the 
liiy;h  seas,  the  rresitleiit  instructs  you  to  say  that  it  would  satisly  your 
Clovernnient  if  Lord  Salisl»iir,\  would  liy  puhlii;  proclamation  simply 
r»Mpiest  that  \('ss«ds  sailiii.!;  nndci  the  iWitisli  iLij.' slionhl  al»staiii  Irom 
entering;  the  Mehriii};  Sea  for  the  present  seasim.  \  (mi  add,  if  this  re- 
quest shall  he  complied  with,  there  will  l)e  tiill  time  for  imjiartial  nego- 
tiations, and,  as  tin'  I'lcsideii!  iiopes,  tor  a  Iriendly  ciUiclusKm  uJ'  iho 
differences  between  tin*  two  ( loverniiii'iits. 

1  have  telejiraphed  t!ie  abovf  cominiinieation  to  Lord  Salisbury,  and 
1  await  his  Nads  hip's  instructions  iheieou.  In  the  mean  w  In  le  I  take  ihis 
opp»)rtunity  of  inlbrinint;  you  that  I  leptuted  to  lii>  lordship,  b\  tele- 
uraph.lhar  at  the  same  interview  I  a^aiii  pressed  \on  lor  an  assuianee 
that  IJritish  sealing' vessels  would  not  lie  interfered  with  in  the  liehnii}; 
8ea  by  United  Stattss  revenue  (uuisers  while  tin*  nefiotiations  continued, 
but  you  replied  that  you  could  not  ;;i\eMicli  assurance.  I  trust  this  i.s 
not  a  tinal  decisicm,  and  that  in  the  course  ot'  ilu-  next  few  days,  while 
tlieie  is  yet  time  to  communicate  with  the(;oinnianders,  insti'iiclions  will 
be  sent  to  them  to  abstain  from  siich   inter'ereinM'. 

It  is  in  that  hope  that  I  ha\e  delayed  delivei  inj;  the  lormal  |»rotestot" 
Her  Majesty's  <iovcriimeut  announced  in  my  note  of  the  L'.'id  ol'  ^Lly. 
I  lia\»',  etc., 

.Ill.lAN    rAf.NCKl'OTi:. 


76 


>^]:\].   Ki<iiKi;!is  <>'■   iii:!ih'iN<;   >i;a. 


\u.  .;."). 


sir  Jnlidti  rmnicf  Otic  to  Mr.  Ulitiiir. 


I 


WASlIINtiToX,  -/;>/<'  I^J..  IS'IO. 

Sir  :  With  iflcn  iwc  io  tlic  iiot<>  wiiicli  I  liini  I  lie  lioiior  to  ntlilicss  to 
yoii  on  the  1 1  til  iiisiaiit,  1  (h'siit*  to  r\i.<'t'ss  iiiv  (It'Cj)  i<';ii-<'t  at  liaxiii;; 
failtMl  ii]»  to  tlir  pirscii;  time  to  ohtaiii  troiii  yo'  tin'  assiiriiiici*,  wliicli  I 
liad  lioj.cd  to  fccrivc,  tliat  diiiiiij^  tit*'  <-oiil  iiiiiancr  of  onv  ii('j;olii!tioiis 
lor  the  si-tllciiu'ii  o|  till"  liM'  sral  tisliciy  (|iM'.slion  llntisli  st-alinj;  \ cssels 
vduld  not  I'l'  iiiK'ifcu'd  Willi  by  I'liittMi  Htalos  irvriuu' ciiiisns  in  the 
JJt'hriit;:  S<*a  outside  ol' t<ii  itorial  \vatris. 

Ilaxiiij;  It'ariicd  iVoiii  stiitcinciits  in  the  ]>iili!i('  i)!<>ss  and  Irom  otluT 
souici's  that  llu'  r<'V('iiiM'  ciiii.scrs  h'lish  anci  Conrin  nrv  now  about  to  be 
«lis|»al<'lH'd  KttJM'  i'M'hiiiiji  Sea,  I  can  not,  «'onsi.st('ntiy  '.vitli  the  instinc- 
tioiis  I  lia\('  ii'ceivcd  iVofn  iiiy  (i()\('i  iiuK'Ht,  <l(  Ici'  any  lont^cr  thf  <'oin- 
jnniication  of  their  foiiual  |>i'ot('st  aiiiioiinccil  in  my  notes  oC  the  2.'?(l 
ultimo  and  tin  lltli  instsiiit  a.u.diist  any  such  intcrrcrence  with  lli'itisji 
ves.-rls. 

I  iia\  ••  ac('ordin;;ly  the  honof  to  tiaiisniit  Mie  same  herewith. 
1  ha\t'.  etc. 

.Ttt  I  AN  r.Mxn'roTT;. 


1  liiilo.-im'.l 
I'roirsf. 

(i:e<'ei\.'d  .liinr  1  I.  rj.."M,  IMHI.) 

The  iHidersijrned,  ller  I>rilanni('  Majest\'s  cnvox  extraordiiniry  and 
ministei'  |)l<Mii|»t>tentiary  to  *,he  rni'.;'d  Siates  of  Ameiiea,  has  Tl'.e  iionor, 
by  m.^trnclioii  of  his  (m»\  eminent,  tt  make  to  the  lion.  .lames  (i,  lllaine. 
ye<'refary  of  State  of  tile  I'nited  Stat-s,  the  follow  in;:- eommiiiiieat, on  ; 

ller  Ibitannie  Majesty  s  (Invenimen;  have  |eann'<l  vvith  ^iieat  eon- 
cerii  from  notices  which  ha\''  aipeaicd  li:  the  press,  and  the  ^i'-nerai 
aeciiraey  of  whicii  has  iteeii  coiilirmed  by  Mr.  iUaine's  stut<'nienis  totlie 
iidcrsii:ned,  that  the  (lover  menf  of  the  I  nited  States  ha\  e  issned  in- 
Ntructions  to  tlicil'  revenue  ci  uisers  .iltonl  to  lie  de.vpatche.l  to  I'.elirin;.;' 
iSea,  Milder  which  t'le  \  es.sels  of  lU'itish  snl)jects  will  a;^ain  lie  <'.\  posed, 
in  the  proseeiit  i'-c;  ot  their  le;;itimate  industry  on  the  lii;,'h  seas,  to  un- 
law lid  inter't  iciM.'e  at  the  haiitls  of  .\  ,<ieric.in  ofiiccis. 

Her  JJritan.ii''  Mai"sty's  (ioxeimncni  are  anxious  t<i  cooperate  tc 
tlie  Inllcs!  evte.it  ol  their  jiowcr  with  the  (toverncenl  of  the  I'liited 
tStates  in  such  measiirc',  as  may  l»e  fontid  to  be  expedient  for  the  pro 
teetion  of  th«'  seal  lislu'iies.  They  are  at  the  pre.~;eiit  moment  eii;;a.ifed 
ill  examiniiii:,  iii  concert  w  ith  the  ( io\  einmeiit  of  the  In  i  ted  States,  the 
be.st  metlioil  ol  arriN  iiiu  at  an  ayreemeni  noon  tliis  point.  I*»iit  th.'y 
can  not  admit  the  liiiiht  of  the  (nited  States  o<  their  own  soh'  motion 
tortslriel  foi  this  purpose  the  lr«'e<|oin  of  iiavi;;ation  of  Hehriiiii' Sea, 
which  the  rnited  States  have  themsehes  in  former  years  coii\iiicin;:ly 
and  siiecessfnlly  vindicited.  nor  to  enloree  their  municipal  h^'islation 
ajiiiinst  Hritish  vessels  on  the  h;,.;li  seas  beyond  the  limits  of  their  t»Mii 
torial  jurisdiction. 

ller  I'.iitainic  Majesty's  (Toveniinent  are  therefore  unable  to  pas-i 
over  without    notice  tiic   nublic  announeeinent  of  an   intention  on  the 


mm 


SI:aL    I'ISHKKIKS    OF    HKIIKINU    SKA. 


77 


part  ot  t  lir  (  Mu  ciiiiiuMit  of  tlif  I  'niti'd  Slates  to  n-iu'w  t  lit-  acts  t»r  iii'cr- 
t'orcnci'  Willi  liiitish  vrssds  iiaviyatnn^'  oiitsiili-  tin;  tiTiitorial  wators 
of  flic  riiitcil  Sfate.N,  of  wliic.li  they  liaxt*  iircvioiisly  have  to  ('.(Hiiiilaiii. 
Tin'  iiii(l»'rsi;iiu'<l  is  in  coiisctiui'iicc  iiistriiclctl  t'oriiially  to  |»rot)'sr 
afj'jin.sr  8ii«'li  intcrl'jMi'iKU',  and  lo  <li'clart'  that  Her  Ilrilaiinic  Majt'siy's 
(lovrniiiii'iif  nmst  lioM  tlit- ('io\ t'liiMitsit  of  tli.*  rmtt'tl  StatcN  rt'>|»t)iisi- 
bk'  I'or  tlh'  constMiiM'iiccs  that  iiia\  ciisii.'  iioiii  a<its  which  arc  coiiliai'y 
to  tluM'.srahlishcd  |»iiin'i|ilt's  ot'  iuici  iialional  law. 
Tilt'  iiii(ler.si;;iii'(l,  t'tc, 

.1  ILIA.N    I'AL  .NOEl'tiTE. 


>o.  L'tj. 
Sir  Jiiliidi   Fauinr/nt'    tit  Mr.   Ilhtiiie. 

\\  \sii  I  N<;  ION,  . /((/«' JT,  l.s!M». 

SlH  :  1  tlitl  not  tail  to  tiaii.sniii  t..  tin-  Mait|Ui>  t>l  Salisbury  a  (;o|»y  of 
your  iioicoftlic  11th  iii'itaiif,  iii  which,  wi  ii  vt'tciciicc  to  his  lonlshi  >\s 
staKMiiciiL  that  I'litish  it';;islalioii  would  b^'  ii«'»'»'ss;ii'y  to  ciialih'  Her 
>rai»'sty's  (TOVoniMUMit  to  I'Xclildr  liriiish  \t'ss,'|s  tVoiu  aii\  |ioi!io!i  of 
tilt'  hiii'h  seas  "  cvcii  lor  an  lioar."  yoii  iidoiincd  im-.  Uy  d»'sir>' •»!  th»* 
President,  that  tlu'  I'liited  States  (io\  eiiiiueiit  would  besati^lied  "if 
Lord  Salisbury  would  by  pulilic  proclaniiUioii  siiiipl>  iiMjiiesi  ihai  ves- 
stds  sailinu'  under  the  IWitish  lla;:  sjiould  abstain  Ironi  .'uienn^'  the 
Behriii^i'  Sea  dnrinii:  the  pn-seiit  season."" 

1  ha\-e  now  the  honoi-  to  inlonii  you  tliat  1  h,i\e  lieen  iiislnieled  by 
Lord  Salisluiry  to  state  to  ycni  in  reply  that  the  I'lesident's  leipiest 
presents  eonst'it iiiional  dilliculties  which  would  |ncclude  llcr  Nhijcsty's 
(loveniiiH  .11  troiii  accediii;r  to  it,  except  as  part  of  a  ;;encral  scheme  for 
;^,lu'  settlement  of  tlie  IJehriii}.;-  Sea  coiiiroversy.  and  on  certain  <M>ndi- 
ti(ui.s  which  would  justify  the  assiimptioi:  b\  Her  Majesty'.s  (roveru- 
imnt  of  the  ;;ra\i'  rcspoiisibilit;)  in\olvctl  in  the  [UDpos.il. 

Tlntse  conditions  au'  : 

L  That  tli(  twoCovtrnnii'iiIs  ajrree  forthwith  to  refer  to  arbitration 
thetpit'stioii  ot  the  legality  of  the  action  of  the  I'liited  States  (.overn- 
meiit  in  sei/in-^- or  otherwise  intt'ilei  inu  v\  it  ii  lb  it  isli  vessels  eiiya^ed 
in  the  r.elniiin  Sea,  outside  of  frriltuial  waler.s,  durin;;'  the  years  Ism, 
18.S";,  and  ISS!». 

II.  That,  peiiditi;.'  the  award,  all  interlereiice  with  IJriti.sh  sealing 
Vess(ds  shall  absobilely  cease. 

III.  That  ilie  l'nite<i  States  ( b(\  eminent,  if  the  award  should  b.^  ad 
verse  l()  them  on   tluMiuestion   (»f  le;ial   ri;;ht.  will   -ompen.sute  BritJHli 
subjects  for  the  losses  which  they  may  sustain  by  rea.son  ol   their  com- 
pliance with  the  Ibitisli  proclamation. 

Siiidi  arc  the  tlire*' conditions  on  which  it  is  imlispeiMable,  in  the  view 
of  Her  .Majesty's  (iovornmeiit,  that  the  i.ssue  ot  tli»'  pri»po.sed  proclama- 
tion should  be  based. 

As  rc-ards  tl ompcn.satifUi  claimed  l»y  Her  .Maje.st.y'.s  (Jovernmeut 

f(tr  the  losses  and  injuries  sustainofl  by  British  sul>M'»'t.sbviea.s.ni  of  tlo^ 
action  (d"  the  I  jiiteil  State.-  ("lovernmeiit  a;j[aiiist  I'.ritish  sealin^M-eHMels 
in  the  Ib'hriiif;- Sea  duriii}; the  \ ears  issf.,  ISST.  and  bSS't,  I  have  .iln'ady 
informed  Lord  Salisbury  of  your  a.ssurani-e  that  the  lJuile<i  States  Gw- 
eriimeu;,  wonhl  not  let  that  claim  stand  in  the  way  ot  an  amicabh^  ad- 


^.1 


IH 


SKA  I.    KISlll.lfIKi* 


iililJWJ    i*EA. 


JiisfiiM'iit  nl'ilic  (Miiirrovt'isN.  }in<i  I  tru^t  tkat  tin-*  reply  wliidi.  h_v  diicc- 
lion  of  Lord  S;tlisl>ury,  I  have  now  rl***  Iwmor  to  rKHrwTotlu*  l*i<'siil<'nt'>; 
in<|niiy.  miiy  fiicilitatt*  the  artauniHMif  «.<'rluit  ohjert  lor  wliirli  we  lia\t' 
so  loii;4  and  so  •'ai'Mt'^tly  lahort'd. 
I  have,  t'\v., 

^r  LI  Alt  !*jirNrKi'<  •rr.. 


No. 


Mr.  llUtntc  to  Sir  Jiilinn  I'lunirtthtf. 

J>3i»'Ai{i  MF.?fT  <»r  Sr\rK. 

S[H  :  <  >ii  tin  'Kli  instant  yon  nsH-f  t«  i\\^  h  dispatch  Ironi  Iti^mA  kS«Siii*- 
bniy  dated  Ma\  J'J.  and  Ity  hi»*  iiistrn<'tion  you  hdt  with  me  a  copx .  Itis 
Loi(ish;p  wiitHs  III  answei'  to  mi,\  dispateii  o|  the  "JlM  .lamiary  last.  At 
That  time,  writiwtjf  to  yoni'selC  towehiiii;  I  lie  em  rent  eoiiteiilion  lietween 
the  (iovei  iiiiienis  -"t'  the  I'm  ted  States  ;i  lid  ( ii<  at  lint  am  as  to  the  juris 
diction  tilthe  lormer  ovei' Ilie  vsatersof  the  nehniij;  Sea,]  made  the  I'ul- 
htw'inj;  statement: 

Tlu'  (iovfiiiiiiiiit  of  ilic  rnitt'il  ."States  has  hd  Mcc.miini  and  im  (h'sirc  (o  witlidiaw  or 
iiioilit'\  till-  poMiioiiM  wliich  it  has  iit  an\  liiiu-  niaiiitiiiixMl  a^iiinst  ihr  <'i.nniN<it'  the 
I  111)  Mil  ill  (iitvciimifiil  >>l'  h'l'sMia.  Thf  linlfHl  Stfttf*  \mII  mil  w  illihuhj  ironi  an.\  nut  ion 
thi-  |iri\  ilfjii'N  wiui'li  It  (li'inaiKlfil  (or  itfwil'  when  Alu.si\a  \\  >••  |i,ol  ol"  thi-  l*Mw,si»ii 
Kiii|nri'.  Nor  is  ttic  tiovrrnnu  ni  oi  i  ht'  l'i)if*'tl  Slates  (li.sposcil  to  t'x<  itIhc  ;<  .y  ifsn 
]io\\<'ri>r  anlliontx  tiiaii  it  vvji«  wiiliii;;  to  i-oiicfilf  to  I  hi-  linprrial  «i«»v<'i  Titi<  lit  ol 
I'lissia  V,  hi'ii  ilh  .so\ci<'i;;iit V  fxti'nih'ii  over  thf  tt'ir;tory  in  (|ii('hiioii  Tl  <■  rrrxKlt-n' 
i>  iiiT^iiailfil  liiat  all  Crifiiilly  naliiniM  w  ill  coiM'ritt*  to  tin'  riiilcil  Stalin  tin-  Minn  ■ 
aiiil  |iri  V  ili'Hi's  on  the  laii<ls  ami  in  thf  waii-rs  otAlasUa  wt»M'h  tl)»-  muiii*-  Ii  ■  ih; 
iiiitioiiN  al  wa  vs  I'oni't'iU'il  in  the  i'.iii|iiri' i>t  I'nxsjit, 

In  answer  to  this  <U'elaration  liord  Salisbury  eontend-rStat  'Af.  Joliw 
<\)uine\  Adams,  when  SiMictary  of  State  under  i'iesid*v»t  .Monroe,  pro 
t«'sted  aLTainst  tlie  jiirisdietion  \\hi('li  K'lissia  claimed  ovf'r  the  MriierM»*f 
iJehiino  .St'ji.  To  maintaiii  this  position  his  lordshii*  cites  the  woril" 
<it  a  dispatch  of  .Mr.  Adams,  uniteii  on  July  L'.'t.  1Sl',{.  to  Mr.  Henr> 
Middleton,  at  that  time  oiir  iiiinistMr  m  St.  I'eterslnu  <:.  The  alleocil 
ileclarations  and  admissions  of  Mr.  Adams  in  that  ilispat<di  have  been 
the  basis  of  all  the  ar^iinn'iits  which  Her  Majesty's  (io\  eriuiicnt  has 
siihiiiii  ted  against  the  owiiei  ship  oi'  certain  properties  in  the  llehriiio- 
.St';i  winch  tin"  ( io\  ei  iiiiieiil  ol'  the  I  iiiled  .Slates  conlideiil  i\  assumes. 
I  ijiiot"  the  p(.i  I 'Oil  ot  Lord  .Salislniry's  aruiimeiit  wliich  includes  the 
<piotatioii  Iroii!  Mr.  x^dams  : 

After  IJnssia,  at  iheinstanoe  ot'  the  li'i.ssian-Ainerie.'Oi  l'"nr  ('oni|ian\.  <  lainieil  in 
1^'JI  t  he  inirviiits  ot' eoninieii'e,  whaliii;^,  ami  lisiiiii^  I'roin  Itehrinj^'s  .Slrails  lo  iiie.')lst 
«ie;;iee  of  north  liUitnde,  and  not  oiiiv  jirohiltiled  all  lorei;;ii  vessels  lioiii  landiii>{  on 
the  coasts -iinl  islands  ot'  the  alnive  waters,  liiif  ubo  prevented  tliein  Iroiii  appio.'ieh- 
iiiy;  wiihin  Inn  miles  theriM.f',  Mr.  <^ninev  Adam--  wrote  us  I'idlows  to  the  t'niled  .Stall's 
minister  in  iiussia  : 

•'  i"h"  I'nited  State;  ean  admit  no  part  of  thos«'  elainis;  tln»ir  riy;lit  of  naviiiatioii 
and  ti.ihin)^  is  perfect,  and  h.is  iieen  in  constioit  exercise  frcnii  tlie  earliest  limes 
t  hiiiiiiihonf  the  wlodc  cMent  of  the  Suit  hern  <>cean,  siiliject  only  to  t  lie  ordinary  c\- 
rrpi  jiuis  :nid  exclusions  <)f  the  teriiiorial  Jiirisd'citions." 

TIm'  (|in)tation  which  Lord  .Salisbury  nnikes  is  unfortunately  a  most 
detective,  eri'oneons,  and  misleadin;;  oin'.      The  <'oiiclusion  is  .sejiarated 
from  the  pr(Miiise,  a  comma  is  turned  into  a  pernxi.  an  important   qnali 
licalion  as  to  tiiue  is  entirely  erasetl   without  Mveu  a  tiuggi'.stioji  thai  it 


SKAI,    Flslli.K'IKS    i)V    iiKIIKMNT,    SKA. 


79 


liiwi  ('V(M'  loniifd  |i;irt  nC  llic  text,  aiul  out  (»r('ij;lity-liiur  woi-ds,  lo^iicuUy 
iitid  ins('|(in;tl>l>  foimcitcd,  tliiitN  livr  ;iii'  droppt'd  Iroiii  .Mr.  Ad;iiiis' 
pniijjjiap!!  ill  I.nrd  Sali^lMiry's  ipHMation.  No  cditioii  of  Mr.  A<l;nns' 
work  ui\fs  aisJiioiitv  for  liis  lordship's  <piotatioii  :  \vliil«>  tlu' arclii\t's  of 
til  is  I  )r  pa  It  II I  ('lit  plain!*  disclos*-  its  inanv  rrrois.  1  rcipiotc  lior<i  Sali>- 
bury's  version  of  what  Mr,  Adams  said,  i«nd  in  juxtaposition  jirodiice 
Mr.  Adaii'.s's  full  text  as  lie  wrote  it: 


1 1,111(1  Siiluliiirv-i  i|ii>itnliiiii   I'r'iiii  Mi.   AiliUiiH.] 

TIk'  I'liiti'it  Stjilrs  p:m  inliiiit  im  part  (if  t  iichc  I'Liinis  :  tlii'ir  li^lit  <tt'naviy:iition  mtkI 
lisliiiiii  is  piM  Ici't,  iind  lia.s  liccii  in  fdiiHlaiil  ixcicisc  iVniii  I  hr  t'fii  hcnt  I  iiiii'm  I  Inniiylioiii 
till'  w  lidlc  cxli-nl  nf  till"  Siditlii'iii  (). can.  .^iilijni  unly  In  I  In- nnliiiNrv  fM't'iil  ions  ami 
(•si'lii>i<iii':  nf  tlir  iirrilinial  Jiiri'*(licti<ms. 

"Full  li\t  I'f     Mr.   .\iI:iiim'  piiM^riiiili." 

Tlic  I'niti'il  Staffs  can  admit  no  pail  ot  till^K^■  claiin,".  'I'licirri^'lu  of  naVifjalinn  aii<! 
(iriishinu  is  pel  tret,  ami  has  lici-n  in  cnnstani  cxcicisi  frmii  tin-  i-ailifsl  imn's,  nflir 
till  praii  of  17-:!,  I  liii>ii!.>,lii>iii  llir  wlnili'  «\l<-nl  oitln'  .Soiitlicrii  •  icfan.  snliji-i't  unly  to 
llif  oi(lin;MV  I'Xrcpliims  ;iml  cxcliisions  id  tin'  tci  t  iiornil  jnri-^dntiDns.  iilnrh  so  far  iix 
Ik'iiHKuni  rii/lilx  (lie  riiiicrninl,  iin  iitiiliiml  In  at  lain  ixUiiiiU  iiiiilh  of  liiv  fijhjiijih  dvtirve  of 
Ulliliiili.  ilixl  hoff  III)  i\ri'<l(iKr  on  tin   innliiniil  ol   .1  iin'ri' ii . 

Tilt'  words  in  iialics  arc  ihosf  whicli  ate  Ifl't  mit  of  Mr,  Adams'  paia- 
t^rapli  in  the  dispatch  ol  Lord  Sali>ltm'y.  They  arc  pri'cisdy  i  he  words 
upon  which  the  ( lovcrnincnt  of  the  I'nned  States  founds  ii>  arunnienr 
in  this  case.  L'onclnsinns  or  infeieiices  resiiii:;  upon  the  |iaramaph, 
wirii  the  material  parts  ol  .Mr.  .Xdaiiis' text  omiiicd.  arc  otCoui  >c  value- 
less. 

The  fust  ohp'cr  is  to  ascertain  the  true  nicaniny'  of  Mr,  .\dains* 
w(..rds  which  were  omitted  !>\  Lord  Salishiuy,  "  IJiissian  rights." 
said  Mr.  Adams,  "are  coiilincd  lo  eeriain  islands  north  of  1  he  ."»,")th 
dei-ree  of  latitiKh'.  "  The  islands  i eferred  to  ure  a«;  easily  rcco^iii/.ed 
>•■  Viv  as  wIk'Ii  Mr.  .\daiiis  d»'scribed  iheir  situation  sixty-.seveii  years 
aji...  'Hie  Itest  known  ainoii}:  thein.  l»oth  under  l.'nssi.in  and  Amencan 
jmisdiclion.  are  Sitka  and  Kadiak  :  luil  their  whole  niiinl»er  is  jLi'rcat. 
If  Mr.  Adams  literally  intended  to  cimiine  l{iis>iaii  ri.uhls  to  tiiose 
iNlaiids.  all  the  ilisco\  cV.es  of  Vitus  llehrino  and  other  ^reat  navi^ralors 
are  hrnsln-d  awa.\  i>\  one  swecji  ot  his  pen.  and  a  hirt;e  cliapter  of 
liistorv  IS  bill  a  falde. 

Iiiit  Mr.  Adams  j;oes  St  ill  farther.  He  declares  that  "  iJn.ssian  ri-ht.s 
lia\  e  no  existence  on  the  continent  of  .\merica.  "  1  f  we  take  the  words 
of  Ml.  Adams  with  their  literal  nieanin;;.  there  \\.i>  m.  such  t hin<:  as 
"  IJilssian  l*ossessions  m  Aineri<'a."  althonyh  forty-four  xcars  after 
Mr.  ,\daiiis  wrote  these  words,  the  riiitcd  Slates  i.aid  IJii>sia  seven 
millions  two  hundred  thousand  dollars  for  the,»e  "  Possessions "  and 
all  the  ri;:lits  ot  land  ami  .sea  eonneeted  tnerewith. 

riiis  coiistiiiction  of  Mr,  .Adams'  lan^iia^e  can  no!  be  flie  true  one. 
It  would  be  absurd  on  its  face.  The  title  to  that  far  northern  territory 
was  secure  to  Knssia  as  early  as  IT  II  :  Nc^iire  lohet  a.uaiust  the  claims 
ot  all  tdlicr  nations  ;  .secure' to  lier  thirty  seven  years  before  Captain 
Cook  had  .sailed  into  the  North  Tacitic:  .secure  to  her  more  than  halt  a 
eenturv  betore  th  ■  rnited  Stati's  had  made  };ood  her  tith' to  Ore^cm. 
Itiissia'  w.i.s  in  point  of  time  the  lirsi  power  in  this  ieyi.»u  by  rijrlit  of 
discovcr\.  Wi  hont  imniotlerate  presnmption  she  niijiht  hav,-  clial- 
leii^'ed  tiie  riiihfs  of  ol  hers  to  assumed  territorial  possessions;  but  m* 
nation  had  shadow  of  cause  or  r(-lii  to  ch;\ilen},-e  her  title  to  fh«'  vast 
re;iion  <»f  land  and  water  which,  belore  Mr.  Adams  was  S(>eretary  ot 
atiite,  liml  biM'onie  known  as  the  '•  Knssian  I'osHessions." 


^ 


80 


SKAI.    FI.SmCKIKS    (M'    nKMlilXG    SKA, 


I 


Mr.  Adiiiiis'  iiifiiiiiii;;'  w;is  not,  tlH'iH'forc,  ami  jikUmmI  coiiM  not  he, 
svliJir  Lord  Salishiiry  iissiiirH'ti.  As  a;;aiii.st  sucli  iiitn-pretatioii  I  sliiill 
»'ii(itM\'or  to  call  liis  |oi(|slii|rs  attfilion  to  what  tliis  ( io\  ci  iiint'iit 
holds  to  lie  the  indispiitahlc  iiicaiiiii;^-  of  Mr.  Adams'  iMiliri'  |>ara;;ra|»li. 
To  liiat  tMid  a  l)ricr  r<'vi«'\v  ol  ccriaiii  laddic  traiisa<.'tions  and  a  brief 
I'l'cord  ttl"  ctrtain  lads  will  he  ncccssai'v. 

At  tlMM'losi'olt  lit' Ncai'  I  7!»t),  the  l'an|nTor  I'aul,  1»\  a  ukase,  asserted  the 
exclusive  authority  of  IJussiaover  the  territory  from  the  Ilehrin;.''  Strait 
down  to  the  litty  lift h  de;iree  of  north  l.ititude  on  the  American  ciMst.. 
followiui;-  westward  "  l»y  the  Aleutian,  Kurih',  and  other  islands  "  prac- 
tically inclosing  the  r.ehrini;  Sea.  'I'tHhe  IJnssian  .Vmerican  ( 'ompaiiy, 
which  was  or;tani/«'(|  uniler  this  ukase,  the  Kmperor  jxuvv  the  rijiht  •'  to 
make  new  discoveries"  in  that  almost;  unknown  re;;ion.  an<l  ••  to  occupy 
the  new  land  discovei'ed '' as  "  Knssmn  possessions."  The  I'jn peri U' was 
as,sa8sinat(  d  before  any  n.'W  diseoveri«'s  were  announced,  but  lii.s  sik;- 
cessor,  the  I'jUiperor  A'exander  I,  inheriti'd  the  ambit  ion  and  the  purpose 
of  his  fatlici',  .ind,  in  a  new  ukase  of  Se|(temi>cr  I,  IMJl.  asserted  i  he 
exi^lusive  authority  of  IJussia  from  llehrin;.;  Strait  southwai'l  to  the 
tilt\lirst  de^r«'e  of'  noi'tli  lainudeon  the  Anu'iican  coast,  proi'laimiuii 
his  authority,  a!  ihe  saim-  lime,  on  the  .Vsiatic  c»)asi  as  tar  south  as  the 
forty-tifth  decree,  and  forliiddin^  any  vessid  to  ajtproach  within  1(N) 
miles  of  land  on  eirhei'  contineni,  I  tpiote  the  two  soctioii.sof  the  ukase 
that  contain  the  order  and  the  pnn.shment: 

Skctiov  I.  i'lii-  ttMiisai'titMi  III' I'omiiH'iTr,  and  tlif  ]'iir-.iiil  nl  \vli;iliii;i  .•iiid  lishiiij;, 
or  iiiiN  otIitM'  imliiMtrv  mi  liic  inhiiKlN,  in  tii<-  liiirliors  ami  intii.s,  iiml,  in  ;;<MiiTiil.  alL 
iiioim  !lin  iiiirthwesti'iii  f,<»asl  ol' Aiiuuic.i  tVuiii  IJi'liriii;;  Strait  ti»  tiii- lilty-tirsi  iiarallil 
of  iiiiri  li'-rii  liiMtii'li',  an'l  lik>nvisi!  on  llio  AliMitian  I. si  an  Is  unl  alnni;  tlii)  iMstrni  coa.st 
of  Sjl)ciia.  aii'l  on  tli  Kiinl<'  FslamU ;  tii.tl  ih,  f'ruMi  Bi-liiin^  Strait  to  t  lu' soul '.u-rn 
|iri)iiionti»ry  ot'  tiif  iHl.inil  of  I'riijt.  vi/..  a-*  liir  Moiith  ii-*  latiliiilt*  tortv-fivf  (Ic^iici-s  uiid 
tifiy  iiiiiiiili's  iiofih.  .o"''  cxi'lnsi vrly  ri'si  r\nd  to  Hulijr''is  ol' tin-  iiiiH-.ijin  l\  n|iiii<. 

Skc.  '2.  Ai-c'»idiie4l> .  no  toi'i'ij;ii  vt^Hscl  siiall   hit  allowr.l  idtlicr  to  pni    to  mIioi'i-  at. 

liny  of  till!  iMtasts  and  islandK  niidor  l{n.H>ian  do  uinion  as  s|»'cili<'d   in   llu-  |ir dinj; 

Hi-ciion,  or  i>v<!  .  I  o  a|>|n'o.'i<di  llu-  saiiu<  to  williii*  a  disran<-<- of  liws  tiian  liin  Italian 
milt's.  Any  \'i'  .«'l  i-ontravuiiiii!;  this  i>rtivi.sion  shall  l>n  sniijtMrt  to  coiilisoalion  witii 
lie-r  wholf  car'jo. 

.\;.'ainsi  this  laif/tr  cliiiui  (»/''n/7/i'0'/7v  .  viz,  extemliuo;  farther  soiitlMui 
the  AniernMii  coast  to  the  .')lsx  deoiee  t»f  north  latitmlo),  Mr.  Adams 
\  imntmslv  protested.  In  a  dispatcl!  of  March  .'50,  ISUi.',  to  Mr.  I'oletiea, 
tlie  liussian  minister  at  \\'a8hin;;t(ni,  Mi.  .Vtlains  said  : 

Tins  nkasf  LOW  lor  lli<'  lirsi  tiniu  <«xtfnils  llic  claint  of  liiiHMiu  uii  tliu  iioilhwual 
cttanr  of  AiiK'rii'a  ti>  llns.'ilttt  ili'^^nH)  of  north  hititiidi'. 

Ami  he  pointetl  out  to  tho  I'liMsiau  minister  that  the  only  foiintlatio!! 
ftti  the  iM'w   pieiciisioi"  of  K'lissia  was  the  existence  of  a    small   settle 
miM.t,  sitnalt'tl,  not  <m  the  Aiiieri(^au  continent,  but  on  a  small  islantl  in 
latitude  ')7—  Novo  Archanoelsk,  m»w  kiitiwn  as  Sitka. 

Mr,  Adams  pndesteil,  ihit  aoainsi  the  idvase  ,»f  I'aul,  but  ai^ainst  ihii 
ukase  of  Alexander;  not  wholly  a;;ainst  the  uka.se  of  Alexander,  but 
(Uily  aoainst  his  extendetl  claim  of  sovereignty  soiitliward  mi  the  mmi- 
tinent  to  i  he  .")lst  dei;ree  iitut  h  latilutle.  In  shtu  I ,  .Mr.  Adams  prtdesLed, 
not  aoainst  the  onl  posses.sion.s,  but  a};i!iM.st  the  new  i>nriensi(Mis  of 
linssia  on  the  northwest  coast  of  .VmeriiM — pretensions  to  territory 
claimed  b>  (he  rniled  States  and  fietpiented  by  her  mariners  since  the 
peace  of  ITS.'} — a  specilieation  t)f  time  wlncn  isdi'opp«'ii  irom  lionl  Sali.^t- 
bury's  (piotation  of  Mr.  Atlams,  but  wliicli  Mv.  Adams  [loiuteilly  used 
to  li\  the  tiate  when  the  power  «>f  the  L'^uited  States  was  visibly  exer- 
cised on  the  coast  <»f  ihe  I'acitic  Ocean. 

Tlie  uames  and  phrases  iit  thai  time  in  hhv  todesciibe  the  yeoyraphy 


I 


t 


"vr'  Its'' "  •'■'^.i-- i' i  " — *  i»''''i. 

I  pr  "= ^■•"' -"iMr -SI'S.  4| 


1-r-«    «r  --    .-r    ...      -     »'   -      ..^  *     ... 


I '.I  I 


HFx     v.>"     51  1 


MAP  TO  GO  AS  EXPLANATORY  OF  No   21.  OF  JUNE  30th,  1890 
SECTION  OF  A  TRACK  CHART  OF  THE  WORLD.  C( 


WO 


i^U' 


150 


IftlJ* 


.-^_^-.  -^ 


nu 


JBO* 


I 

■  It-iuuntt 

,^^- ''■"  "',,  /'.. 

''    ::-■..    ..'«'*'  /*<. 


/<r«^nu  /, 


HEx     V,j?'     51  t 


OF  JUNE  30th,  1890  (Mr.  BLAINE  to  Sir  JULIAN  PAUNCEFQTE 
T  OF  THE  WORLD,  COVERING  THE  BEHRINC  SEA. 


1  > 


SKAF.    F/PHKIMK.S    ()K    nHMIflXr.    SKA. 


81 


iii('lii(l«'(l  within  flic  .wvw  of  this  «li-t|>ut(',  iii»-  ('nnfiisin«i-  :iii<l  ;it  ccitJiiii 
|t(»iiils  ;i|>|iiir»'iitly  (•(iiitiiidictory  iiiid  iriwcoiirihihh'.  Mr.  Ada  ins*  <h-niai 
ti»  I'lissiM  III  thr  o\\  iicrshi|»  of  (ci'i  itniy  on  '•  the  Coiil  iin-nl  of  A  iiii'iiiM  " 
is  ii  liiif  illnsiiiit ion  nt"  tins  sinL:iiI,ir  ('(intradictinn  <»('  n.iiin's  ami  plact's. 
in  tin-  sann-  \\a\  llir  pliiasc  "  North  west  (ioast ''  will  lit'  loiiinl,  Itrvond 
nil  |titssil)|«'  <l(Mil)t.  i(»  lia\t'  I't'cn  nsfd  in  two  senses,  on<'  inrhnliiiu  the 
nmlliwc^t  roa>l  ol  tiic  l!nssiaii  possrssiotis,  and  ont'  in  dcseiilM'  the 
coa-t  whose  northern  limit  is  the  (KMh  parallel  of  north  latitude. 

If  is  \eiy  plain  that  M?.  Adams'  phrase  ••  tin- ( 'ontinent  of  .A  meriea,' 
in  his  reference  to  Knssia's  pi>sve.s>i(,ns,  was  nsed  in  a  ti-rriturlnl  sense, 
and  not  in  a  //ro(//v//^///<7f/ sense,  lie  was  drawinj:  the  distinction  be- 
tween the  terriforv  of  "America  "  and  flu''  tiTriforv  of  the  ••  Knssjaii 
jiossessions."  Mr.  .Adams  did  nni  intend  to  asseit  that  these  lerrifoiial 
ri;ilils  ol  Ix'nssia  had  no  existence  on  the  conliiient  of  North  America, 
lie  meant  tinif  tln'V  did  not  e.xisf  as  the  nka>e  of  the  i'.mperor  Alexan- 
der hati  attem|i|ed  to  establish  them  —  soiiihwaid  ot  the  Aleutian  peiiin- 
snl:i  and  on  that  distincti\  e  jiart  of  f  he  continent  cl.dme<l  as  tlie  t(M'- 
litory  ol  the  I'liitecKStates.  "America  "and  the  ••  I'liited  ^States"  were 
then,  as  fhev  are  now,  commonlv  used  a^  .--vnonymous. 

I'.ritish  statesmen  at  the  time  n>c.i  i  In- piuase  precisely  as  .Mr.  .Adams 
did.  Tin-  iHJssessions  of  the  crown  were  j;enerical|y  feiini'd  IJritish 
Aiii>fi<<(.  (Ireal  Ibitaiu  and  the  I'nited  Si:itt<  hai  iioni/<'(l  at  this 
point  and  on  this  territorial  issue  a;4ainsi  Kn>si.i,  \\iiatever  disputes 
mi^iht  !)(•  left  by  the-i-  ne^'otiafioas  for  snbs<"nn"it  setf'eineat  between 
the  two  p!)wers  {lu'i'e  can  he  ,10  doaht  th;it  at  ihar  tiaie  they  had  a 
common  and  very  sfronj;  int«'rest  a;iainst  the  t<'rritoiial  a;fLriandi/,e- 
iiient  of  Uussia.  The  I'li'ifish  use  of  the  phrase  IS  cleai'lv  seen  in  rhe 
trcat.N  id'fweeii  (Iri'at  iiritain  ami  li*u-.>ia,  nei;ofiated  in  1.sl'."».  ;iiid  re 
ferred  to  at  len,L;tli  in  a  subsrtpn'nl  ptrtion  of  this  dispjitch.  .\  pnl» 
Heist  as  eminent  asStratlord  ('anniiiLi' tipeiied  thetliutl  article  of  that 
treaty   in  these  descripti\c  words: 

'fill'  lilii'   ol'  ili'iii.il  i;|li'>M    lii'lWirn  I  111-    |)ii-iir>^l(»lis  of    t  l|i'  1  ijjii  coIU  I'acl  ill),'    piirtirH, 
ii|  (>M  I  li  c'lMMf  of  I  li- C'liil  niMil.  Mil  I  til-    isl  iii'l-"  ot'  A  Mii'i'ira  I  o  t  li''   iiuii  Invent.    '    "     ' 

Mr.  Canninu"  evideni  l_\  di>t  iiru'iiished  •■  i  lie  islands  ot'  .\  mei  ica  "  I  om 
the  "islands  of  ihe  Kussiaii  im.ssessioijs.''  which  w«'re  far  more  nii 
111  emus;  and  iiy  the  use  of  the  phrase  '•  to  the  Xiirlltirist"  just  as  evident  ly 
limited  the  coast  of  tin'  ('iinliiintl  as  Mr.  .\daiiis  limited  it,  in  that  di 
rection,  by  the  Alaskan  peninsula.  A  concurrenee  of  opinion  between 
.I(din  (^)iiinc,\  Adams  and  ^'Iratlord  ('iiimmil:.  louchiiiL:' aii\  public  ijues- 
lion,  left   little  room  e\"en   for  su;;;4esti(ni  i»\   a  tiiiltl  peistui. 

it  will  beol>ser\e<l  as  liaviu};  weighty  sijiiiiticanee  that  t'lr  i;iis>i m 
ownership  of  (he  .Meiilian  ami  Kiirile  Islands 'which  'oorder  and  close 
in  the  IJchriiifj  ISea,  and  b.\  tin-  di|i  of  'lie  in'iiinsula  are  xcverat  decrees 
S(aith  of  latitude  oo)  was  not  dispiiicd  li.\  Mr.  Adam.>.  and  could  not 
possibly  have  been  refeired  to  1)\  him  wlieii  he  was  limiting  liie  isl.ind 
po>sessions  of  iJussia.  This  is  but  anr)ilier  e\  ideiict-  that  Mr.  .\d,ims 
was  makin;;  no  ipu'stion  as  to  liussia's  owiiei  ship  <»f  all  tt-rritoiy  bordei- 
in{;'  on  tin'  i'.ehiiii;;  Sea.  Tin-  contest  peitaiiied  wiiolls  f(»  the  teiritoiy 
tm  the  iHUlhwest  coast.  The  l^mpcrc'  !',iur->  ukase.  d»'clarin^^  his 
sovereioiiiy  over  the  Aleutian  and  Kuiile  Ishinds.  was  never  <pn'Stioned 
or  denied  by  any  power  at  an.>  time. 

.Many  of  the  acts  of  Ml'.  Adams'  public  lite  re(;eive<l  iiiten'stiny  com 
mentary  and,  where  there   was  doubt,  luminous   infcrpietatimi    in   his 
pei.sonal  <liary,  which  was  carefully  kept  fnmi  .Iiiue  .'i,    I'M,  to  January 
1,  ISIS,  incliisi\e.      I'he  present  case  affords  a  liajipy  illustration  of  the 

J  I.  Kx.  ir,o (i 


82 


.SKAI,    KISIIKHIKS    or    nr.llKINfJ    SKA. 


(•(iri(il»oi;iii\  »•  stifii;rtli  "I  tlif  tliiirv.  hiii  iiiy  tin-  |»io^Mt'>N  of  this  rorn*- 
sp(>inl»'iMT  liiiioii  Tun  II.  u  III*  liiiil  Mi.ccctjfd  Mi.  INih-tira  us  Kiissinii 
liilllistfl'  ill  \\  ii>liiMj;hiIi,  r.illtd  ll|Mi|i  Ml'.  .\»l;iliis  ill  Iii>  otlirf  on  .llllv  17, 
l.>L';i,  six  (lii.N.s  Im-Iuic  lilt' (liitt  uT  the  <lis|iiilcl)  iipuii  \\liicli  I  liii\  <•  Imm-ii 
(■oiiiiii«'iitiii;,S  iiihl  it|H>ii  \vlii<'li   l.(ii')l  .S;ili.si)nr.v  rt'lh-s  i'ui   siistiiiiiiii^;  liis 


(MHiUliliiiii  ill  i(';;.irtl  lo  Ilh-  l.i-liiiii-  .Srii. 


Dm 


liii;  iili  ;iiiiiii.iIim|  roin  *'l' 


siitiniiiir  iiii  lioiii  of   iiioic  Ix'iwiH'ii   Mr.   .\ilaiii.s  iiiiU   iiaioii    Tux  II,  I  Ik* 

t"»tiiiM'i  ."ail!  : 

I  tiihl  Kiiniti  'rnvll  ^•iK-i'iiiil.x  iluit  \M'  >Iii>iiIi|  ihmioI  tlir  iiulii  '>!'  Iiii'<'<iii  m  nnii  hi- 
riioiiiil  rMialiliKliiiiriit  nil  llii'>  I'lMilini  III. 

II  Will  lit-  (tliscrvt'll  tllilt  Ml'.  .\<lillll.><  ll.><<•.^  llic  SHIIH'  plllllsc  ill  hi.s  l(t||. 
\«'rs;ifi(Hi  lliiit  liiis  liii.sli'tl  l",li;:llsli  st;iH'siiH'li  ;l.>  t«»  llif  till*'  .scopr  iilld 
nifiiiiinji  lit'  iii.s  (jispiitrli  uI'.IiiI.n  LM,  IS'J,'..  \\  lini  In- tlccl.ncd  ilmi  \\o 
slinnid  "roiitcsl  the  ri;^lit  o!  U'lissia  tn  aii\  h-riilinial  c.slalili.sliiiM-iil  on 
tills  cull  I  iiH  III"  (\N  i  III  ilir  word  "aii\ '"  italin/cdj.  lie  no  more  iiii>aiit  that 
\M' should  aiit'iniii  to  ilrjvf  Wiis.sia  IVoiii  Ium  aiu-icni  possfssioii.s  lliaii 
tlial  we  >liniild  :ittiiii|il  to  il  rive  I!  ii;:  la  lid  trnin  I  In-  u\\  iici  ship  oj  ('aii;ida 
or  Nn\  a  Scoi  i.i.     .Such  talU  would  ha\c  Imtii  al».->uid  ;;a.sfoiiaih'.  and  .Mr. 

.\daiii>  was  ill.'  last  man  in  iiidiil^ir  in  it.      His  tnit-  aliiii;;.  il   \vit!  l»o 

si'cii.  collies  out  ill  tlir  iit'Xl  sciittiict'  when   he  dfclaics; 

i  toll  I  Itilloli  ril\  II  I  li.'it  \\  I'  >«||(illli|  il-<Mlllllr  <I|mI  nirl  l\  t  il  '  |in  in  i  |i|i  I  liiO  t  III'  .VllM'I'il'ai) 
CDllI  iiii-lil  s  .'III-  III)  liiiji^i'i'  Hiiliji'i'U  till'  :in\    miv  Kiiri>|i<':in  rii|oiii:il  I'^l  illili-^llllK'lit'-. 

III  lln  liif.s.sam'  "'  I'loidflil  Moiiloi-  III  the  iicxl  ( 'on;4rrss  (tlio  j.slh) 
at  lt>  lilsl  session.  Deeeiiiliei  J.  IS'J.;,  h,.  aiilioiliieed  t  lial  at  the  proposal 
ol  the  K'ussiaii  (io\  eniiiieiit  the  I  lilted  Stale.s  had  a;;re«'d  to  '»  airaii;;e 
lt.\  aillicalde  lie;;ot  iations  t  he  i  (•■.|ii'('l  i\  e  I  i;;lits  and  IliliTest.'s  oC  t  he  two 
nations  on  the  noitliwest  eoa.'it  ol  this  etiiitiiieiit."  .\  >iiiiilar  proposal 
had  been  iinnle  Itv  liiissia  lo  (ireat  l>l'itaili  and  had  lieeii  liUew  ise  a;:ieed 
to.     'i'he  negotiations  in  both  eas  s  were  to  he  at  St.  I'eteisltiir^. 

It  was  in  eonueetion  wiih  this  siihject,  and  in  the  >aiiie  pai'a;.:i'apli, 
that  I'residini   Moiiio*- spoke  thus  : 

111  till'  iliH('h<.-.|iiiiH  III  w  liH'li  liiiK  iiitiTi'.'^;  iuis  ^In  ell  r  INI',  II I II I  III  t  III'  ai  raii;;fiiit'iil.s  liy 
wliicli  I  lifs  max  irriiiiiiah-,  tin'  iii'ra.sion  Ium  Ihmmi  jiitl^rtl  |iiii|iri'  tor  a.^i.^irt  iii|;,  as  a 
|iiiin'i|tl>'  in  wliicli  llif  i'!:;lil>  ami  iiiti'ii-^t-' nf  llu-  liiitt'il  Stales  art'  iii\  i>l\fil.  lliat 
llii  .Imi  ririiii  iiniliiiiiili'.  hii  Ihv  I'rvi  Hint  hiili  pniilnil  iiiinliliiiii  ivliuh  Ihi  i/  luiic  (inxiniird  mid 
iiiiiiiiliiiinii,  iirr  liiiirrjiii  th  iml  In  l>r  iniisiilirnl  iii  siihji  i  !•■  Im-  I'lihiri  lolitiii  :(iliini  hi/  diiij 
luiiiijii  (III  iiiiiiir. 

This  \ei,\  iiiief  decl.ii  .1!  loll  >iii  l.ie!  iiit'iel\  llie  three  lilie.s  italicized), 
coiislilutes  llie  I'ainoiis  ••  .Moimie  iloeliine."  .Mr.  .\daiiis'  words  ol  the 
.Iiil,\  pieej'din^'  elcii'lv  t'oreslnidow  ed  this  position  as  the  pel  inaiieiit 
polie.N  ot  the  I  liiled  Slates.  The  declarat  ion  renio\es  the  last  doubt, 
il  room  lor  doiilit  had  been  left,  iliiit  I  lie  reteieiice  made  b;,  .Mr.  Adam.s 
waslo  I  he  tut  me.  .iiid  had  110  p  issible  connection  with  the  IfU'sJaii 
lights  exislili';  tor  t  hree  ipiaiters  ot  a  renluiv  beloie  the  dispatch  cd' 
iSL' t  ^vas  w  lit  ten. 

It  was  e\  idem  t  loll  I  the  lilsl  ||ial  I  he  determined  at  I  it  tide  ol' t  he  I'liited 
States.  siibse(|ueiil  l,\  siippoiled  l».\  (lie.il  iWil  aill,  w  oiild  prevent  the 
cMeiisKiii  III  Ikiissiaii  teniloiN  soiitliw.iid  to  the  .">|st  par.illel.  'rhi"! 
treaties  which  were  the  icsiil:  of  I  he  meet  iiin  ai  Sl.  relersbur;^.  alrc.idy 
noted,  niarked  t  he  siii  render  on  the  part  ot  K'ussia  ot  this  pretension 
and  the  conclusion  w  as  a  Joint  a^neemeiit  that  .*>(  de;;rees  and  40  iniii- 
iltes  sliiiiild  be  t.ikeii  as  tlie  ext  iciiie  smil  iieiii  bniiiidaiv  of  I'lissia  oil 
the  iiorlhwest  coast,  instead  o  I' the  .").")  t  h  de;;i-ee.  winch  was  proclaim  d 
b\  the  I'lmperor  I'.iiil  in  the  ukase  uf  ]1W 

The  treaty  lietween  Uiissia  and  the  Cnited  States  was  concluded  on 
the  17th  ol  .Xjiiil,  IS'Ji.  and  that  between  l{iissi;i  and  ( ireat  Uritaiii,  ti'ii 


. 


si;ai.   ri^iii'.ifihs  (.|-   iii.iiiMNsi   ma. 


h:\ 


iiioiillis  liitiT,  on  ihc  Kitli  ni'  I'xhniai  \,  I-SJ.'*.  In  It.tili  trniticM  K'lissiii 
iW'kii-^wlt'il'^rs  .'» 1, 1(1  as  the  (li\  I'lmu  line.      Il  \\,i.siiii|  tirtt'i  iniiiiMl  wlin-li 

«lt   tilt'  IWn  Milt  lolls  o\\  llcil   ill*'  Irn  itol  \    iVolll  ."i  I.  Ill  (|oV\  ll   I  n  t  In*    CM  II    1 1,1 1  ■ 

iillel,  iiiiil  it  ii'iiiaiticd  in  (liM|iiitf  Itclwmi  (iirat  liiitain  himI  iIm>  I  iiiti«l 
Stales  until  its  liiial  atljnstint  nl  lt>  I  In-  ••  On-^on  iiial.. ,"  iH';;otiatt't|  liy 
Mr.  IWh'lian.iii  iiiMl  Mi.  I'.iKriiliain  nihlri  (In- atlniinistration  ot  .Mr.  I'oik 
III  1  >H).  • 

I'lif  <  iovcrnincnl  ttf  IIm-  rnitctj  Stait-s  lias  st«  aMil.x  iii.iititaint'(|  iliat  in 
iifitlh-r  o|  tlicNC  iicaiics  \Mtli  i;ii>sia  w  as  tlu'ir  an,\  altciii|il  at  ri'niilaliii;.' 
or  coiit  rollii^,  or  cv  tii  a.sx'itinu  h'i  in  I  nest  in.  tlx*  l.'tis.sian  i'oM.HCM^ioim 
ami  til*'  i>*-liiiii;;  .'<*M.  uliicli  lie  ;ai  to  tlif  north  ami  wt-st  tif  tin'  tfiri- 
toi'v  uliicli  roriiii'*l  t lie  liasis  ol  tin*  t'ontfiilion.  Tins  *-oiiclnsion  is  in- 
(lis|)iital)l\  |)i'*n('«l  1)\  till'  iM'otocol.s  wliicli  \\cr«'  si;  iii-il  *tiirin;;  1  In*  pro;;- 
r»'ss  of  til*'  iK'utit iai ion.  At  tlic  loiirtli  »'oiirt'r*»ii '<^  it\'  tin'  |)l*'ni|>ot*'ii- 
tiarii's.  *ni  tlif  S|||  day  of  Maicli  ^  IS'J  | ).  t  In-  Ai.n'iifan  in!iii>t»'r.  Mr. 
llfiii.N  Mi<lill*'ton,  siiluMittcMl  to  tlic  l!iis.siaii  it'incs'iitatiM',  Coiini  Ncn 
sflitMlc.  I  lie  l*»llo\\  in;;  : 

I  III-  t'.iiiiiiiiitiii  can  nut  lie  .'ici|iiii'i'ii  lint  liy  tt  real  iii'i-ii|tnti<>i  iiml  iMntNCHsitin,  iiii<l  loi 
iiitriil  inn  I  aiiiiiin>4«  til  *'m|:iIi|»nIi  il  i><li\   iii>  iih'iuih  r^iitlii'iiiii. 

Niivv,  il  iM'li.ll,  :irrii|'ilili>;  In  lllf  I'ili'lh  rslillilisllcii.  I  llMt  Ui'ltllt'l  I'lH-tiii  ll<i|'  itll,\ 
•  iilii-r  l'aiiii|H-iiii  |)ti\\i-i'  llil^  •III'  ri^lit  nl  ilnniininn  n|Min  I  In  triMitinrtit  nl'  .Aiiirricii  Ih<- 
twrcll  the  lll'lii'lll  ilinl  Mixtii'tll  ili-^ri-ttM  of  linrlil   lilt  il  llili'. 

.SlillJi'HS  lliis  ilin  till'  ilniiiiliioli  of  (III'  ailjlK't'llt  lllliritlllli'  tcl'l'ltniy,  or  nt'tln'm'tl 
wliirli  wiimIii'k  tlii'Hi'  I'.  asiM,  :i  iloiiunioii  wliirli  is  only  lU'ri'Nsory  In  I  lie  ti'iTitoiiai  ilo- 
niniinii. 

rini  I  Ini'i' -till' lias  lint  ilii'ii^jil  nf  I'M'Insinii  Ol' nl'  ail  nil  smIiiii  nil  ili*--i'  ('iia>t.-,  nor 
In  I  lirsc  sells  «  liirli  air  (l  I'c  him-., 

1  111'  ii;;lil  nf  iia\  i;:iii  in;;  all  t  lie  I'rrf  sras  lirlini;.'^,  lis  nat  iiihI  lilW  .  In  f\  iT.V  iinil'|>i'ni|- 
I'lit  iial  Ion,  and  i'\  I'll  cniiKtit  nti'N  an  I'ssi'iit  lal  part  nt   I  lii>  inili'|>i'nili'nrr. 

Till'  I'liiti'il  Slali'H  lia\r  i\i'i'ri>*'il  iiavi;;alinn  in  llir  ••.a-i,  ami  I'niniiii-rci'  |inn  llic 
I'oiiHt.s  iiliovc  iiii'iit  intii'il.  trniii  Ilii'  tiini'  of  llifir  inilriicnilriii'i' ;  ainl  iliry  liavr  a  per- 
I'rri  ri^lit  lo  t  Ills  ii;i\  i;,'ai  iini  aini  In  t  his  rniniiii'ii  r,  ami  i  liry  can  mily  lit*  il('|ii'ivi'il  uf 
it  liy  ihi'irowii  act  or  li\  a  rnnvrntimi. 

'I'liis  is  a  cU'ar  proot  *tt  what  is  (It'iimnstrat*'*!  in  otln'r  ways,  that  the 
whole  <lis|iiit*'  Itetw  eeii  the  I  'nitetl  St,it»'s  ami  IJiis^ia  ami  liet  we»'ii  (ii*'at 
|{|  itaiii  ami  Jinssia  H'late*!  to  the  Northwest  *'oasl,  as  Mi .  M nh I letoii  ex- 
presses it,  Ix'tween  the  ".")(tth  and  tln'tKMli  *l*'oi*'»'s  of  north  latitinU'." 
'I'his  statement  is  in  peireet  haniioiiy  with  Mr.  A  lams"  paraoraph  when 
j;i\t'ii  in  lull.  ••Tlic  I'liiteil  Stales,"  Mr.  .Middl*'t«>ii  in>i>ls.  ••  ha\  c  e.\*r- 
ci.sed  navit,'atioii  in  th*' seas  and  eoiiiincicc  upon  the  eoa.st.s  above  men- 
tioned, from  t  he  I  ime  tif  llnir  imlcpi'mh'uee  ;  ■■  Imt  he  do«'s  not  say  on*» 
wtM'd  in  1*';.;  a  id  lo  oiir  posx'ssinn  aii\  ii;;liisol  ii.i\  i;;'at  i*)n  or  ('oiiiiiien'e 
in  the  llehiiiiii  .Sea.  lie  declares  thai  "  iJnssia  has  not  the  ri;,'lii  o|  *'\. 
eliismn  <ii'  admissKiii  on  t  liese  coasts  |  lift  \v«'eii  t  h*'  .'tthli  ami  tilM  h  deurt'*'s 
north  lal  II  mh'l  iH»r  in  t  lies.'  seas  which  are  /'/''V  seas.  "  »'\  ideiit  l\  cinpha- 
si/.in;^:  "  fr*'e'"  t*»  distin;:nisli  thos*-  seas  from  the  lU'hiiii;;  .Sea,  which 
was  reco;:iii/.eil  .is  Iteinu  nmU'r  liiissian  resi  rut  ions. 

Mr.  .MiddU'ton  u  isely  ami  conclnsiN cl^  tnainiained  that  il  Kits  ^la  had 
no  el  aim  to  tin-  <',(mtin*'nt  l»*'t  ween  tlie  odih  and  tli*'  t»(»th  *!*';:  re*'s  nortii 
latitude;  "'still  less  c*iiild  she  have  t  he  dominion  of  i  he  adj.icent  mari- 
time  territory.  "  or,  to  iiiaU*'  it  ni*>re  specilii'.  "of  the  s*'a  which  washes 
t  h*'s»M'oasts.  "  '1  hat  s»'a  wa.s  tlu'dreat  (>c*'aii,or  the  i'acilic  Ocean,  or 
th*'  .South  Sea,  the  three  names  lieiii;;  <'«piall\  nse*l  lor  the  saim-  tliinjf. 
he  lanoiiaj',-'  i(  .Mr.  .Mi<idl*'toii  plainly  sln)ws  that  the  lines  *»f  lati- 
tude were  n.sed  .■iiii'ily  to  indicat*'  lli-'  •■  doMiiniun  '"  a;;  the  coast  lu't  w«'en 
tlie  oOtli  and  I'Otli  )  arallels  of  north  latitml*'. 

The  iinportii  !  d'claralioiis  of  .Mr.  .Middh'ton.  which  int*'rpret  ami 
eidoi'ce  the  eoni*  iuion  of  the  I'nited  8tat*'S,  should  l»*'  leyarded  as  in- 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


V 


/. 


^ 


o 


{./ 


^ 


/ 


V"   '^b- 


<? 


i/l 


(/. 


1.0 


I.I 


IIIM  1^ 

«-<o    11 2.0 


1.8 


1.25  II  1.4 

1.6 

-^ 6"     - 

► 

VQ 


<^ 


/^ 


'^A 


^m 


vl 


0^- 


7 


'/ 


-^ 


Photographic 

Sciences 

Corporation 


m 


,\ 


^> 


,v 


% 


v 


<^ 


'O 


.^^ 


"ib" 


"•S  VyE<T  ^AAIN  STREET 

Wi5%STi;R,N.Y.  14580 

(.'•,6)  873-4503 


S'r 


^ 


84  SKAL    FISHERIES    OF    BEIIRING    SEA. 

(lisjmtabli'  aiitlioriry,  iVoiii  the  fatil  tiuit  they  arc  l)ut  a  i)araplira.Sv?  of 
the  instructions  wliicli  Mr.  Adams  delivered  to  liini  lor  liis  yiiidanee  in 
iiejjfotiatii)^  tlie  treaty  with  Count  Nesselrodi'.  Bcyon<l  all  doubt  they 
prove  that  Mr.  Adanis'  iiieanin};'  was  the  rcver.se  of  what  liord  Sali.s- 
bury  iniers  it  to  be  in  the  parajiiaph  of  Avhi(!h  he  (juotcd  only  a  i)art. 

The  four  i)rin('ii)al  articles  of  the  treaty  negotiated  by  Mr.  Middleton 
aie  as  follow.s  : 

AUT.  I.  It  is  iii;i('t(l  tliat,  in  au.\  piiit  of  the  Great  Oeeaii,  coimiioiily  callt-d  tin-  I'a- 
cilic  (^cean  or  Soiilli  Sea.  tlic  reKpectivc  citizens  or  Hiil)Jects  of  tiio  liigli  contracliny 
))o\vcrs  .shall  he  neithei'  dislnrlieil  nor  restrained,  either  in  iiavination  or  in  (ishin;;.  or 
in  the  power  of  resorting  to  tJHM'oasts,  upon  points  which  may  not  already  have  heei) 
oecii])!e(l,  for  the  i)nr|)ose  of  tradmj;-  with  the  natives,  saving  always  th<^  restrictions 
and  conditions  (k'terniined  hy  the  folh)wing  articles  : 

Ai!T.  II.  With  a  view  of  jsreventing  the  rights  of  navigation  and  of  tishiug  exer- 
cised npon  the  Great  Ocean  hy  th(^  citizens  ami  snhjects  of  the  high  contracting  i)ow- 
(Ms  from  l)ecoming  the  |irt;text  for  jin  illi<!it  ti'aih',  it  is  agreed  that  tho  citizens  of  the 
UnitiMl  States  shall  not  r(!s.)rt  to  any  ])oiiit  where  there  is  a  ifiissiaii  estahlishnient, 
without  the  permission  of  the  governor  or  conunander  ;  and  that,  reciprocally,  the 
snhjects  of  Russia  sliall  not  resort,  wirhout  iteriuissiou,  to  any  estaltlishment  of  tin* 
United  States  ni>on  the  Nforthwest  coast. 

Akt.  III.  It  is  moreoveragreed  that,  hereafter,  there,  shall  not  ho  formed  hy  thecit- 
izens  of  tho  United  .States,  or  niuU  r  t  he  an  tliority  of  the  saitl  States,  any  cstal)lislunent 
niton  the  \orthw(!.st  coast  of  America,  nor  in  an >■  of  the  islanils  adjacent,  to  the  north 
of  tifty-four  degrees  and  forty  minutes  (jf  north  laiifuihj  ;  and  that,  in  the  same  man- 
ner, tiiere  shall  he  none  formed  l)y  Ru.ssian  .snhjects,  or  under  the  authority  of  Ru-ssia, 
south  of  tlu'  same  parallel. 

Art.  JV.  It  is,  nevertheless,  niulerstood  that  during  a  term  often  years,  coin\ting 
from  the  signatiiie  of  the  ])resent  convention,  th(>  ships  of  huth  powers,  (U'  which  he- 
long  to  their  citizeiiH  orsn1)jects,  respectively,  m;iy  r(^cipro(!ally  lre(| iienf,\vithoi\t  any 
Lindrance  \vhate\ei ,  the  int<'i  im'  mms.  guif-i,  harl.ors,  ,tnd  creeks,  upon  the  coast  nien- 
tiomd  in  the  picci'ding  article,  for  the  pur[tosf  of  tisiiingaml  trading  with  thti  nat  ives 
of  tiio  country. 

The  lirst  artiiile,  by  ciirefully  inentionino-  the  (ircat  Ocean  and  describ- 
iiijH"  it  as  the  ocean  •'  coininonly  called  the  I'acitic;  Ocean  or  South  Sea," 
evidently  meant  to  distinoiiish  it  from  .some  other  body  of  water  with 
which  the  negotiators  did  not  wish  toconliise  it.  Mr.  Adams  used  the 
term  ''  South  Sea  "  in  the  dispatch  (]uoted  by  Lord  Salisbury,  and  used 
it  with  the  same  discriminatinj;'  knowledoe  that  jiervades  his  whole  ar- 
fj'ument  on  this  (jiu'stion.  If  no  other  body  of  water  existed  within  the 
possible  scope  of  the  treaty,  such  particularity  of  description  would 
have  had  no  lo<iical  meaning;'.  But  there  was  another  body  of  water 
already  known  as  the  I'x'hriiio-  Sea.  That  Uiuue  was  first  given  to  it  in 
1817 — accordino- to  I'^nftlish  authority — seven  years  before  the  xVmerican 
treaty,  and  ei<,dit  years  belbre  the  British  treaty,  with  Russia;  but  it 
had  be<'n  known  as  a  sea.  separate  from  the  ocean,  under  the  nanies  of 
the  Sea  (»f  Kam(;liarka,  the  Sea  of  Otters,  or  the  Aleutian  Sea,  at  differ- 
ent i)eriods  before  the  Kmperor  Paul  issued  his  ukase  of  1799. 

The  second  article  plainly  shows  that  the  treaty  is  limited  to  the 
Great  Ocean,  as  se])arate  from  the  Behrinj?  Sea,  becau.se  the  limitation 
of  the  "  Northwest  coast"  between  the  oCltli  innl  (JOth  degrees  could  ap- 
ply to  no  other.  That  coast,  as  detined  both  by  American  and  British 
negotiators  at  that  time,  did  not  border  on  the  Behring  Sea. 

The  thii'd  article  shows  the  compromise  as  to  territorial  sovereignty 
on  the  IS'orthwest  coast.  The  United  States  and  Great  Britain  iiad 
botli  claimed  that  Russia's  just  boundary  on  the  coast  terminated  at 
the  (iOth  degiee  north  latitude,  the  .southern  border  of  the  Aleutian 
peninsula.  Russia  claimed  to  the -list  parallel.  They  made  a  compro- 
mise by  a  nearly  equal  division.  An  exactly  equal  division  would  have 
given  K'ussia  54..'J(>;  l)ut  10  miles  farther  north  Prince  of  Wales'  Islaiul 
l)resented  a  better  geographical  point  for  division,  and  Russia  accepted. 


SEAL    FISHKIMKS    OF    IJEIIIJING    HEX. 


85 


II  little  less  tliiiii  halt'  the  const  of  which  slie  iiad  chiimiMl  all  aii.l  .■)i.4i» 
was  thus  established  as  the  divi(liii<i-  point. 

The  foiirlli  urtich'  of  the  treaty  iieccssaiily  ^vew  out:  of  the  claims  of 
Kiissia  to  a.  share  of  the  Xoi'thwest  co  ist  in  dispute  between  the  United 
Stjires  and  Great  Britain.  Mr.  Adams,  in  the  ir.struction  to  Mr.  Mid- 
dleton  so  often  referred  to,  says: 

Hy  the  tliird  ;irtii'li;  of  tlio  ci>iiveuti(tii  l)ot\viu)ii  the  IJiiitfil  Stati's  tiiid  ( Jroiit  Hritaiii, 
of  tlic  'intli  of  Ocfoln'r,  IS!^,  il.  was  airrLMMl  tliat  any  couiurv  that  iiiii^lit  In-  cliiiiiinil 
by  cirln-r  i)arty  on  tlio  Xoithwiwi  coast  of  Aiiifrica,  wfstwanl  of  rlu-  .Stony  Monntains, 
wbonld,  t<>;j,t!tli(M'  with  its  liiii'liin; ,  liays,  and  (.'nji'lvs,  ami  tin-  n-i\'i;;atic)n  id'  all  ri\(MS 
within  thii  same.  Im"  fn'O  and  o|k'1'.  (or  rlu-  tiu'ni  of  tt'U  yoars  fiom  that  date,  to  tin; 
V('ss(ds,  citiztMiH.  and  snUj(>cts  of  iho  two  powiTs,  witnout  pn^jndici'  to  tlio  (dainis  of 
<'ith('i'  ]>ai'ty  or  of  any  otluu'  state. 

Yon  are  antlmrl/.eil  to  propose  an  artie/h^  ot'rhe  sain's  inii>orr  for  a  term  of  ten  ye.ars 
from  the  .sij;iiatnre  of  a  joint  oonvtMition  lietween  the  1,'nited  .States,  <ireal  Hrirai:'. 
and  Russia. 

It  will  be  observed  that  the  fourth  arti(!le  relates  .solely  to  tlie  "  North- 
west coast  of  America"  so  well  understood  as  the  coast  of  the  Pacific 
Ocean,  between  the  oOth  and  the  (iOth  d(>^rees  north  lat^itnde,  and  there- 
fore does  not  in  tlie  remotest  degree  toiu;li  the  IJehrin*;'  JSea  or  the  land 
boidering'  upon  it. 

Tiie  several  articles  in  the  ti-eaty  between  Great  Britain  and  liussia, 
February  l.(>,  ISi*."),  that  could  have  auy  bearin;^-on  the  pendiny  conten- 
tion are  as  follows: 

Articles  land  II  (substantially  the  same  as  in  tlu;  treaty  between 
liussia  and  the  United  States). 

AitTicrj-:  III.  The  lino  ot'  dinnarcation  between  the  possessions  of  the  hijjh  con- 
tractinf;  jiarties.  ni)on  the  coast  of  the  (continent,  iind  the  i.sl.ands  of  America  to  tho 
Northwest  shall  lie  drawn  in  tlu;  manner  followliiii; : 

Comm'MK'iuj;'  frcnn  the  .sonthernniost  point  of  the  island  called  I'rince  of  Wales 
Island,  \vhi(di  point  lies  in  the  parallel  of  .')  I  de,;;rees  HI  minntes  noiih  latitndc,  and 
between  the  o.ie  hnndri'd  and  thirty-lirst  and  the  one  hnmlred  and  thirty-third  de- 
p;ree  of  west  liiui;ilinle  (meridian  of  (iioenwieli ),  the  said  line  shall  ascend  to  tlH< 
north  alonji  the  channel  calleil  PovtJuud  I'ludiiiel,  as  far  as  the  point  of  the  continent 
where  its  strikes  the  til'ty-sixth  desiree  of  north  latitndc:  from  tliis  last  mcntione<l 
point  the  line  of  demarcation  shall  follow  the  summit  <d'  the  monntains  sitnated 
parallel  to  the  (ioast  as  far  as  the  point  of  intersection  of  the  one  hnndred  and  forty- 
first  dej^reti  of  west  lonifitnt'.c  (ol'  the  same  meridian):  and,  finally,  from  the  sai<l 
point  of  intersci'tiou  the  s.iiil  nnfridian  line  of  the  one  hnndred  and  i'orly-tirst  dej^reo 
in  its  jirolonjiation  as  far  as  the  frozen  ocean  shall  foiin  the  limit  between  the  Rus- 
sian an<l  British  possessions  on  tlie  continent  of  America  to  the  northwest. 

Article  V.  (!Sid)stantiallv  the  same  as  Article  111  of  the  treatv  be- 
tweeu  Ivussia  and  the  United  States.) 

Ainicr.i-;  ^'I.  It  is  nmlcrstood  that  the  subjects  of  HisBrit.-innic  Majesty,  from  wliat- 
ever  (in.-irter  they  ma.\'  arrive,  wlnMhei'  from  the  ocean  ov  from  the  interior  of  the  con- 
tinent, slcill  forevtr  enjoy  the  riyht  of  naviiiatiiij;  freely  and  without  any  himlranco 
whatever  ;ill  the  rivers  and  streams  wliit-h.  in  their  course  towar<ls  the  I'acitii; 
Ocean,  may  cro.ss  ihe  line  of  demarcation  upon  the  line  of  coa-^t  described  in  Arrit.do 
in  of  the  present  convention. 

AuTici.ic  V^II.  It  is  al.so  nmlcrstood  that,  for  the  space  often  yi-ars  from  the  sii,'ua- 
tixre  of  the  present  ccmvention,  the  ve.ssels  of  the  two  jiowrs,  or  those  belonsinjl  to 
their  respective  sul)jects.  shall  mntn.-illy  be  at  liberty  to  fre(|uent  without  any  hin- 
drance whatever  all  the  inland  seas,  the  ,uulfs,  havens,  and  creeks  on  the  (-oast  men- 
tioned in  Arti(de  III,  for  the  |(nr))oses  of  lishiiii;-  and  of  tradinn'  with  the  natives. 

After  the  analysis  of  the  articles  in  the  American  treaty  there  is 
little  in  the  English  treaty  that  retitiires  explanation,  fhe  two  treaties 
were  draughted  under  circumstances  :»nil  fitted  to  conditions  ipute  simi- 
lar. There  were  some  difteren(!es  because  of  Great  Britain's  ownership 
of  Britisii  America.  But  these  very  differences  corrobor:ite  the  p(»sitioii 
of  the  United  States.     This  is  most  plainly  seen  in  Article  VI.    By  that 


86 


SKAL    FISHERIES    OF    HFIIKIX(i    SEA. 


'k^. 


article  tlic  snbjocts  of  Ilor  Brituimic!  Majesty  were  guarantied  tlierifj^ht 
of  iinvi<iatiii{4  freely  tiie  rivers  emptyin<i'  into  tlie  Pacific  Ocean  and 
crossinji'  tiie  line  of  (lemareatinn  upon  the  line  of  coast  described  in 
Article  III,  Tlie  line  of  <leniarcMtion  is  described  in  Article  III  as  fol- 
lowinji'  "the  summit  of  the  mountains  situated  parallel  to  tlie  coast 
m  far  as  ihe  point  of  intersection  of  the  one  hundred  and  fortj/Jirst  de- 
gree of  ircst  lonfiifndc."'  Article  IV,  (iualifyin<>"  xVrticle  111,  specifies 
that  "wherever  the  summit  of  tlie  mountains  whii'h  extend  in  a  direc- 
tion i>ai'allel  to  the  coast,  from  the  tiftysixtli  degree  of  north  latitude 
to  the  point  of  intersecition  of  the  one  hundred  ami  foitytirst  degree  of 
west  longitude,  shall  i)rove  to  be  at  a  distance  of  more  than  ten  marl  ne 
leagues  from  tin*  oeean,  the  limit  between  th«;  IJritisli  jiossessions  and 
the  line  of  coast  whieh  is  to  behnig  lo  Russia,  as  above  mentioned,  shall 
b«»  foi  ned  by  a  line  parallel  to  the  windings  of  tie  coast,  and  shall 
never  exceed  the  distance  of  ten  marine  leagues  therelrom." 

By  both  these  articles  the  line  of  demarcation  eeases  to  have  a!iy  [par- 
allel relation  to  the  coast  when  ir  reaches  the  ])oint  of  intersec/tion  of 
the  one  hundred  and  Ibrty-lirst  degree  ot  west  longitude. 

From  that  jxiint  the  one  hundred  and  forty-first  degree  of  west  longi- 
tude, as  far  as  it  extends  continuously  on  land  iH)rtliwar(I,  is  taken  as 
the  boundarN  between  the  teriitories  of  the  two  jiowei's.  It  is  thus  evi- 
dent that  P>ritish  subjects  were  guarantied  the  right  of  navigating 
oidy  such  ri\-eis  as  crossed  the  line  of  demarcation  irhilr  if  followed 
the  line  of  roust.  They  were  limited,  theiefore,  to  the  rivers  that  emptied 
into  the  Pacific  ()(.'ean  between  54:40  and  <!()  degrees  north  latitude,  the 
latter  being  the  jtoint  on  tlu;  coast  opi»osite  the  point  where  the  line  of 
demarcation  diverges — Ahtunt  St.  Elias. 

By  this  agreement  (ireat  Ibitain  was  excluded  from  all  rivers  empty- 
ing into  the  Behi'iiig  Sea,  inelmling  the  great  Yukon  and  its  affluent,  the 
I'orcupine.  which  rise  and  tor  a  long  distaiuic  fiow  in  British  America. 
So  complete  was  the  exclusion  from  Behring  Sea  that  Great  Britain 
surrendered  in  this  case  a  doctrine  which  she  had  aided  in  impressing" 
upon  the  Congress  of  \'ienna  for  Euroi)ean  rivers.  She  did  not  demand 
access  to  the  sea  from  a  river  who>e  source  was  in  her  territory.  She 
consented,  by  signing  the  treaty  of  bSli."),  to  such  total  exclusion  from 
the  Behring  Sea  as  to  forego  following  her  own  river  to  its  mouth  in 
that  sea. 

It  shows  a  curious  association  of  political  events  that  in  the  Wash- 
ington treaty  of  ISTI  the  rnited  States  conceded  to  Great  Britain  the 
privilege  of  navigating  the  Yukon  and  its  branch,  the  Porcui)ine,  to  the 
Behring  Sea  in  exchange  for  certain  privileges  conceded  to  the  United 
States  on  the  St.  Lawrence.  The  request  of  Great  Britain  for  the  privi- 
lege of  navigating  the  Y^ukon  and  Porcupine  is  a  suggestive  con- 
fession that  it  was  withheld  from  her  by  Russia  in  the  treaty  of  18li5; 
— withheld  because  the  rivers  flowed  to  the  Behring  Sea. 

The  seventh  article  is  practtically  a  repetition  of  the  fourth  article  in 
the  treaty  between  Russia  and  the  United  States,  and  the  privilege  of 
fishing  and  trading  with  the  natives  is  limited  to  the  coast,  mentioned 
in  Arti(;le  III,  identi(!ally  the  sanu'  line  of  coast  which  they  were  at 
liberty  to  i)ass  through  to  reach  British  America  (u-  to  reach  the  coast 
from  British  America.  They  are  excduded  from  going  north  of  the 
pres(!ribed  point  on  the  coast  near  Mount  St.  Elias,  and  are  therefore 
liept  out  of  Behring  Sea. 

it  is  to  be  noted  that  the  negotiators  of  this  treaty,  in  defining  the 
boundary  between  the  Russian  and  Ibltish  {.ossessions,  cease  to  observe 
particularity  exactly  at  the  point  on  the  coast  where  it  is  intersected  by 


^'i^' 


SEAL    FISUKKIES    OF    I5EIIR1\(;    SEA. 


87 


the  sixtieth  [)nralU'l.  From  tliiit  |)oinr  tl)i'  bouiidiiry  is  dosijiiiiit*-*!  by 
the  almost  indetiiiite  i»roh)n;iiitioii  iim  ihward  of  tlie  one  humired  and 
forty-lirst  de}j;ree  of  h)ii,uitiide  west.  It  is  phiin,  tlieiefore,  that  tliis 
treaty,  lil<e  tlie  liiissd-Aiiieiieaii  treaty,  limited  tiie '•  iiortiiwest  eoasr  " 
to  that  part  of  the  coast  bi  t ween  tlie  tittietli  and  sixtictli  parallels  of 
north  latitude, — as  fully  set  I  )rth  by  Mr.  Mtddlctdu  in  tiu'  protocols  jyre- 
cedinu'  the  treaty  between  tiie  Tnited  Stati's  and  K'ussiii.  The  ne,u<»ti- 
ators  never  touched  one  fodt  of  rlie  boundary  (»f  the  P.ehrinj;  .Sea, 
whether  on  (tontiiu-nt  or  island,  and  never  even  made  a  icference  to 
it.  Its  lu'arest  i)oint,  in  I'ristol  Uay,  was  a  thousand  miles  distant  from 
the  lield  of  nej;otiati(»n  between  the  powers. 

It  must  not  l)e  f(>r;^()tten  tliat  this  entire  neo'ot jution  of  the  three 
powers  proceeded  with  full  kno\vle<l,!4e  and  reoo<;nition  of  tin'  ukase  of 
18J1.  While  all  (piestions  touchinji'  the  respective  rifiiits  of  the  p((wers 
on  the  northwest  coast  between  the  liftu'th  ami  sixtietli  parallels  were 
discussed  ami  pressed  by  one  sideor  theoth(M'.  and  finally  ajiieed  upon, 
the  terms  of  the  ukase  of  1821,  in  whi('h  the  lOmjteroi- set  ibrth  socle;irly 
the  rights  clainu'd  and  exer<*ised  by  llnssia  in  the  lieiirinj;'  Sea,  were 
untouched  and  unquestioned.  These  rights  were  tlierefoie  adm!tti'<i 
b\  all  the  powers  nej^otiatin.u'  as  within  the  exercise  ol"  Russia's  lawful 
authority  then,  and  they  were  left  inviolate  l»y  I'Jn^laiid  durin.i;  all  the 
subseipieiit  continuance  of  Kussia's  dominion  over  Alaska. 

These  tieaties  were  therefore  a  practical  renunciation,  both  on  the  jtart 
of  I'^n.yland  and  the  United  States,  of  any  ri>ihts  in  the  waters  ot  Uehiinji 
Sea  durinj;-  the  pt  riod  of  liussia's  soveiciynty.  They  lelt  the  Ih'hrin^ 
Sea  and  all  its  coasts  and  islands  pretnsely  as  the  ukase  of  Alexander 
in  ISUl  left  them, — that  is  with  a  prohibition  against  any  vessel  a])- 
proa(!hin<^'  nearer  to  the  coast  than  U)()  Italian  miles,  under  danjjer  of 
coidiscation.  The  original  ukase  of  Alexander  (I'^-l)  clainu'd  as  far 
south  as  the  lifty-tirst  decree  of  north  latitude,  wilii  the  inhibiiioiiof  lUO 
miles  from  the  (H)ast  applyinji'  to  the  whole. 

The  result  of  the  i)rotest  of  J\lr.  Adams,  followed  l>y  the  co  o[)eration 
of  (in'at  Britain,  was  to  force  iJussia  back  to  ol.io  as  her  southern 
boundary,  lint  there  was  no  renunciation  wliate\er  on  the  part  of 
Kussia  as  to  the  liehrinf-'  Sea,  to  which  the  ukase  especially  and  pri- 
marily applied.  As  a  piece  ctf  lejiislatiou  this  ukase  was  as  authorita- 
tive in  the  dominions  of  liussia  as  an  act  of  i'arlianieiit  is  in  the  domin- 
ions of  Great  iJritaiu  or  an  act  of  Congress  in  the  territory  of  the  Tnited 
States.  Except  as  voluntarily  moditied  by  itussia  in  the  tieaty  with 
the  LTnited  States,  Apiil  17,  lk'2-f,  and  in  the  treaty  with  (Ireat  Ibitain, 
February  1(1,  1825,  the  ukase  of  1821  stood  as  the  law  controllin,i;'  the 
liussian  possessions  in  America  until  the  close  of  liussia's  ownership 
by  traiud'er  to  this  Government,  lioth  the  United  States  and  (rieat 
liritain  recoj>nized  it,  respected  it,  obeyed  it.  It  did  not,  as  so  many 
sujtpose,  declare  the  liehrinjjf  Sea  to  be  inare  clau.sioit.  It  did  declare 
that  the  waters,  to  the  extent  of  100  miles  from  the  shores,  were  re- 
served for  the  subjects  of  the  Russian  lOmi.ire.  Of  course  many  hun- 
dred miles  east  and  west  and  north  and  south,  were  thus  intent:oually 
left  by  Kussia  for  the  whale  fishery  and  for  lishiii;.;'  open  and  free  to  the 
world,  of  which  other  nations  took  large  advantay-e.  Perhaps  in  pur- 
sniufi'  this  advantajje  forei;^ners  did  not  always  keep  100  miles  from  the 
shore,  but  the  theory  of  right  on  which  they  conducted  their  l)usiness 
unmolested  was  that  they  observed  the  conditions  of  the  ukase. 

But  the  lOO-mlle  restriction  performed  the  function  lor  which  it  was 
specially  designed  in  preventing  foreign  nations  from  autlesting,  disturb- 
jUg,  or  by  any  i)ossibility  sharing  in  the  fur  trade.     The  fur  trade  formed 


88 


.SEAL    FLSHKHIES    OF    HIMIUING    SEA. 


the  in'iiicipiil,  almost  the  solo  cmployiiuMit  of  the  llusHiiin  Aincricjun 
(Joiiipiiny.  It  tonncd  its  i'ini>loyint'iit,  indeed,  to  such  a  (h'^rec!  tluit  it 
soon  became  Uiiowii  only  as  the  Russian  Ameiican  Fur  (Company,  and 
(luitesuj^jiestively  that  name  is  yiven  to  the(!()mpany  by  Lord  Salisbury 
in  the  dispat"h  to  which  I  am  replying.  While,  therefore,  there  may  have 
been  a  lai';;e  amount  oflauiid  whaliiij;-  and  tishinj;'  in  the  Behriny  Sea, 
the  takinji'  ot'fnis  by  (breij;ners  was  always  and  under  all  <;irciimstances 
illicit.  ■     * 

Ki,nliteen  yeai-s  alter  the  treaty  of  lSli5  (in  1843)  (Jreat  Hritain  made 
a  commercial  trt^aty  with  Russia,  based  on  the  priiicii)le  of  reciprocity 
of  advantaji'es,  but  the  rights  of  the  Russian  Anuuican  Company,  which 
uiuU'r  both  ukases  in(.'luded  the  sovereign  try  over  the  sea  to  the  extent 
of  100  miles  from  the  shores,  were  reserved  by  special  clause,  in  a  sei)- 
arate  and  special  article,  sijjned  aftei-  the  priM«;ipal  articih's  of  the  treaty 
liad  been  conehnU'd  and  sijiiunl.  Althou;ih  Ibitish  ri^i^hts  were  enlarged 
with  nearly  all  other  parts  of  the  Kussian  iCuipire,  her  relations  with 
the  Russian  possessions  and  with  the  Behriiiji;-  Sea  remained  at  pre- 
cisely thesaiiu^  ])oiiit  where  the  treaty  of  bsi'.")  had  placed  them. 

A;;ain  in  bS.")!)  (ireat  Britain  still  farther  en larj;ed  her  (.'ommercial  re- 
lations witli  the  Empire  of  Russia,  and  a^ain  the  "  possessions  "  ami  the 
Jiehriny  Sea  were  held  lirmly  in  their  relations  to  the  Iiiissian  Ameiican 
Comi»any  as  they  had  been  held  in  the  treaty  of  bS4.'>. 

It  is  especially  notable  that  both  in  the  treaty  of  1843  and  the  treaty 
of  bS,")*.)  it  is  declared  that  ■•' in  rej^ard  to  commert^e  an«I  navif^ation  in 
the  Russian  possessions  on  the  northwest  coast  of  Anu'rica  the  conveu- 
tion  concluded  at  St.  Retersbiirj'',  February  1(1,  182o,  shall  continiu'  in 
force."  The  sauu'  distinction  and  the  sanu'  I'estrictions  which  Mr. 
Adams  made  in  repird  to  tlu'  northwest  coast  of  America  were  still  ob- 
served, and  (ireat  Britain's  access  from  or  to  the  inteiior  of  the  con- 
tinent was  still  limited  to  thai  part  of  the  coast  between  .■34.40  and  a  point 
near  Mount  Saint  IClias.  The  laiifiuayeof  the  tb.ree  Riisso  British  treat- 
ies of  18.5,  1843,  and  185!)  corresponds  with  that  employed  in  \lr. 
Adams'  dispatch  to  "Sir.  ^liddleton,  to  which  refei'cnce  has  so  frequently 
been  ma<le.  This  shows  that  the  trne  nu'anin<f  of  Mr.  Adams'  i>ara- 
yra|)h  is  the  key,  and  indeed  the  only  key  by  which  the  treaties  can  be 
correctly  interpreted  and  by  which  expressions  ajiparently  contradic- 
tory or  nnintellijiible  (!au  be  readily  harmonized. 

Immediately  following'  thei)artial  (pu)tation  of  Mr.  Adams's  disi^atch, 
Lord  Salisbury  (juotes  the  case  of  tlie  United  States  brif»;  Loriot  as  hav- 
iuj"'  some  bearin<4'  on  tlu'  question  relatiny'  to  the  Belirin.i>'  Sea.  The  case 
hai>peiu'd  ori  the  b")th  of  Septemb(>r,  183(5,  and  Mr.  Forsyth,  Secretary 
of  State,  in  a  dispatch  to  the  United  States  ministerat  St.  Petersburg-, 
declared  the  course  of  the  R'tissians  in  .arresting"  the  vessel  to  be  a  vio- 
lation (>f  the  li^hLs  of  the  citizens  of  the  United  States.  Il(>  claimed 
that  the  (;iti/eiis  of  the  United  States  had  the  right  iminemorially  as 
well  as  by  the  sti|)nlations  of  the  treaty  of  1824  to  tish  in  those  waters. 

Lord  Salisbury's  understanding  of  the  case  differs  enti  ely  from  that 
held  by  the  (lovernnuMit  of  the  United  States.  The  Loriot  was  not 
arrested  in  Behring  Sea  at  all,  lujr  was  she  enga.i«e<l  in  taking  ftirs. 
She  was  arrestiid,  as  Mr.  Forsyth  in  his  dispatch  says,  in  latitude  r)4:.")5, 
nu>re  than  sixty  miles  south  of  Sitka,  on  the  ''northwest  coast.''  to 
which,  and  to  which  only,  the  treaty  of  1824  referre<l.  Russia  upheld 
its  action  on  the  ground  that  the  ten-year  term  ])rovided  in  the  fourth 
article  of  the  treaty  had  closed  two  years  before.  The  ease  was  made 
the  basis  of  an  application  on  the  part  of  the  United  States  Government 


si:ai.  FisinniiKs  of  ukmking  ska 


80 


tor  ii  rciiewiil  of  that  iirticlc  Tliis  aiiplicatiuii  was  pressed  for  several 
years,  l»iit  liiiall.v  ami  absolutely  refused  by  the  Itiissiaii  <  roveriiiueiit. 
Uiwler  the  elaiiii  of  lliissii'  that  the  terui  of  ten  y«'ar.s  had  exjiired,  tho 
L'liited  States  failed  to  se'"ire  any  redress  in  the  l.oriof  rwsv.  With  all 
due  respect  to  Lord  ►Sali8l)u  y's  judgment,  the  ease  of  the  Luriot  sustains 
the  entire  correctness  of  the  i)ositi(»n  ot  the  United  States  in  this  (con- 
tention. 

It  only  remains  to  say  that  \\liate\er  duty  (Jreat  Uritain  owed  to 
Alaska  as  a  Russian  province,  whatever  she  ajjreed  to  do  or  to  refrain 
from  doinji',  toiU'hin<;'  .Vlaska  and  the  l>elirin^'  Sea,  was  not  (^hanjied  by 
the  mere  fact  of  the  transfei'  of  sovereignty  to  the  I'liited  States.  It 
was  explicitly  declaied,  in  the  sixth  article  of  the  treaty  by  which  the 
territory  wa>^  ceded  by  Russia,  that  "-the  cession  hereby  ina<le  conveys 
all  the  rights,  fraiuihises,  and  i)rivile<i('s  now  bclonyin.u'  to  Russia  in  the 
said  territory  or  dondnions  and  appui tenanc(>s  thereto."  Neither  by 
the  treaty  with  Russia  of  lS'_*r»,  nor  l>y  its  renewal  in  l.s4.'i,  nor  by  its 
second  renewal  in  ]>^'>\),  did  (Jieat  IJritain  uain  any  ri,i:ht  tt)  taUe  seals 
in  Btdirin<j'  Sea.  In  fact,  those  treaties  were  a  prohibition  upon  her 
which  she  steadily  resi)ected  so  long  as  Alaska  was  alvussian  |)rovinee. 
It  is  for  (In-at  Britain  now  to  show  by  what  law  she  tiaiued  rights  in 
that  sea  after  the  transfer  of  its  sovereignty  to  the  United  States, 

During  all  the  time  elapsing  between  tiu'  treaty  of  1825  and  the  ces- 
sion of  Alaska  to  the  UnitedStates  in  18(57,  (Jreat  J^>ritain  never  aflirmed 
the  right  of  her  subjects  to  cajtture  fur-seal  in  the  iiehring  Se;', ;  and,  as 
a  matter  of  fact,  her  subjects  did  not,  during  that  long  period,  attempt 
to  catch  seals  in  the  lU'hiing  Sea.  Lord  Salisbury,  in  replying  lo  my 
assertion  that  these  lawless  intrusions  up(Ui  the  fur-seal  tiNlieries  l)egaii 
ill  LS80,  declares  that  they  had  occurred  before,  lie  ])0!nts  out  one 
attempt  in  1870,  in  which  forty-seven  skins  were  found  on  board  an 
intruding  vessel;  in  1872  there  was  a  rumor  that  expeditions  were 
about  to  lit  out  in  Australia  and  N'ictoria  for  the  i>urpose  of  taking 
seals  in  the  Behring  Sea:  in  1874  some  reports  were  lieanL  tiiat  ves- 
sels had  entered  the  sea  ft>r  that  puri)()se:  ()ne  case  was  reported  in 
1875;  two  cases  in  1884;  two  ;dso  in  1885. 

These  cases,  I  may  say  without  intending  disresi)ect  to  his  loidship, 
prove  the  truth  of  the  statement  which  he  emleavors  to  controvert, 
because  they  form  Just  a  suttlcient  number  of  exceptions  to  establish 
the  fact  that  the  destructive  intrusion  began  in  188().  But  I  refer  to 
them  now  for  the  i)urpose  of  showing  that  his  lordshij)  does  not  at- 
tempt to  cite  the  intrusion  of  a  single  British  sealer  into  the  Behring 
Sea  until  after  Alaska  had  been  transferred  to  the  United  States.  I 
am  Justilied,  therefore,  in  repeating  the  (pu'st'ons  which  1  addressed  to 
Her  Majesty's  (iovernment  uii  the  22d  of  last  January,  and  which  still 
remain  unanswered,  viz  : 

WluMictMlid  llie  sliijis  of  Caiiiiilii  (Ic'iive  the  ri<;lit  t"  do,  in  l-^~'ti,  that  wliicli  lh(\\  luul 
vctVaiiU'd  frmii  doinn'  tor  nearly  ninety  yearn  ? 

V\nf\i  what  yinn  d.sdid  I  Icr  Majesty's  (iovernment  d'iend,  in  the  year  iHSd,  a  course 
of  conduct  in  the  neiuinj;'  Sea  whicli  iiad  been  careCiilly  avoiih^d  ever  simc  the  dis- 
covery of  that  sea  .' 

IJy  wliat  reasoninjrdid  Him  Majesty's  (iovernnienr  eonchuh' that  an  act  may  lie  coui- 
mitted  with  impunity  a^nainst  the  rif;hts  of  the  I'nited  States  which  had  uevi  r  heen 
attempted  anainst  tlie  same  I'ights  when  held  i>y  tlie  Ivussian  Empire  / 


I  have,  etc.. 


James  G.  Blaink. 


If! 


90  SEAL    I'lSHEKIKS    OF    BEIllilN'G    8EA. 

Xo.  28. 
Siy  Ji(li<in  I'aunci'foti-  to  Mr.  lUuinc, 

Washington,  June ;}(),  ISIK). 

Sir;  III  \<»iir  iiotf  of  the  'JiHli  of  May  last,  \vliii;h  1  duly  traiisniittcd 
to  tlu'  Mar(]iii.s  of  Salisbury,  tlicre  arc  several  references  tocoiiimmicia- 
tioiis  which  i)ass(Ml  between  thi'  iwo  ( lovernineiits  in  the  tinie  of  your 
preilecessor. 

I  have  now  n-ceived  a  disjiatch  fioiu  Lord  Salisbuiy,  copy  of  which  1 
have  the  honor  to  inclost',  pointing  out  that  there  is  some  error  in  tiie 
ini]»ressions  whi(;li  you  have  gathered  from  the  records  in  the  State  De- 
partment with  respe(.'t  to  those  communications, 
i  have,  etc., 

Julian  TAUNCEroTE. 


[Iiiclosme. ! 

The  Manj^iii.s  oJ'Salisbury  to  Sir  Julian  l*anncefote. 

XO.   IL'CJ  FoiIKKJN   OFIIOE,  -//Otr  liO,   KS!)(>. 

Sill :  [  have  to  acknowledge  your  dispatch  Xo.  d,?)  of  the  .'iOtli  ultimo, 
inclosiiij»'  copy  of  ii  note  from  JMr.  Hlaine  dated  the  L'Oth  ultimo. 

It  contains  several  references  to  comniuni(!ations  which  passed  be- 
tween the  two  Governments  in  the  time  of  Mr.  IMaine's  predecessor, 
especially  in  the  sprin<>'  of  1888.  Without  referriuj>'  at  present  to  other 
portions  of  Mr.  i^dainc's  note  I  wish  only  now  to  point  out  some  error  in 
the  im[)iessions  whi{;li  he  has  .^arliered  from  tlie  records  in  his  otlice 
with  respect  to  those  communications.  He  states  that  on  the  'i3d  April 
of  that  year  1  infornu'd  the  Au'crican  char,u('' d'att'aires,  iNIr.  White,  tiuit 
it  was  proposed  to  jiivt-  effect  to  a  seal  (convention  l)y  order  in  council,  • 
not  by  act  of  rarliauu'ut.  This  was  a  ndstaUe.  It  was  very  natural 
that  Mr.  White  should  not  have  ajiprehended  me  correctly  when  I  was 
describin*;'  the  somewhat  comitlicatcd  airangemeiits  by  which  agree- 
ments of  this  kiiul  are  brought  into  force  in  l*^nglaud.  But  two  or  three 
days  after  the  23d  April  he  called  to  make  impury  on  the  subject,  and 
in  :'e|)ly  to  his  (piestion  the  following  letter  was  addressed  to  him  by  my 
instructions  : 

FoKKiGN  Offick,  April  27,  18t'8. 

My  Lkak  White:  Lord  Siilistiiiry<leisiresiiie  (ot-xpress  bifj  regret  tliat  he  is  not  yet 
in  ii  position  to  make  any  fnrtlier  eomiiiunii-ation  to  yon  on  the  snhject  of  the  seal 
tishi'rics  in  B(^'iriiii;'  Si-a.  After  iiis  iuti'i'view  with  yon  and  M.  de  Staal  lie  liad  to 
refer  ta  tin;  Canadian  Government,  tlu'  Hoard  of  Tra<ie.  and  tlie  Admiralty,  Init  has 
as  yet  only  obtained  the  opniivju  of  the  Admiralty.  The  next  step  is  to  l)ring  a  bill 
info  Parliament. 
Vonrs,  etc;., 

Ehk;  Barkixgton. 

On  the  28th,  Mr.  White  replied  : 

Lkgation  01-'  TiiK  L'viTKD  Statks,  London,  April  23,  1888. 

Mv  De.\u  Bauiuxgton  :  Thanks  tor  yonr  note,  respeeting  tlie  tiual  sentence  of 
which,  "The  next  step  is  to  bring  a  bill  int')  Parliament,"  I  must  trouble  yon  with  a 
line. 

I  iniderstood  Lord  Salisbury  to  say  wheii  I  saw  him  with  M.  de  Staal,  and  again  last 
week  alone,  that  it  is  now  proposed  to  give  etfe(;t  to  tlu!  (■onvi^ntioiial  arrangement  for 
the  protection  of  sisals  l>y  an  ord(M'  in  coniicil,  not  by  ai'tof  Parliament. 

WIkmi  Mr.  Phelps  left  the  latter  was  thought  necessary,  atid  last  week  I  received  a 
tehgram  froin  the  Secretary  of  State,  asking  m<'  to  obtain  eoiUidentially  a  copy  of 
the  i)riii)osed  act  of  Parliament,  with  a  view   to  assimilating  our  contemplated  act  of 


SEAL    FISHKHIKS    Ol     HEIIIMNO    SEA. 


91 


CdiijtrPHs  theroto.     I  re])lio(l,  after  stioiny  Li  nl  HiiliHlmi      lust  Sutunliiy,  that   llic>n> 
would  lie  no  l>ill  iiitrodiU'cU  'ii  I'ai'liai^iriit,  Iml  an  onli'i  ii>  I'oni'.cil. 

May  I  ask  if  (liis  In-  now  i  iconcct,  as,  in  fliat  t.'vciit,  I  slioiild  particiiliirly  like  to 
corri'ct  my  Ibrnior  shitenimr  hy  tiiis  day's  mail. 

To  this  the  t'oHowin^  leplv  wiis  on  the  sanie  <l:it('  jnMn'sscd  to  Mr. 
White  : 

FoUKKiN    Ol'l-RK.    .Ilinl   -JH,   Is^H. 

My  Di'.AK  Wiini::  Lord  SalisSmy  is  afVaiil  that  ho  dhl  not  make  liiiiiself  nndci - 
stood  wlirn  last  In-  spoke  to  yon  .il)out  tlif  Seal  Fislu'rit'S  (,'oiivfntion. 

An  act  of  I'arlianit'iit  is  m-ccssary  to  i;ivf  iKtwiT  to  our  aiitlioritios  to  at't;  <in  tln> 
]ii'ovisions  of  tlit>  convent  ion  wlicn  it  is  siiiiicd.  'I'lic  order  in  conncil  will  l>e  niercly 
the  ma<diinery  wliieli  llie  act  will  provide  tor  the  imrpore  ot  lirinj^inii;  its  [irovisioin 
into  force,  'I'lie  olpj<'it  of  this  nnichinery  is  to  eiiahle  the  (ioverniuent  to  wail  till  tho 
other  two  powers  arc  icady.  Mnt  neither  convention  nor  lull  is  drafted  yet,  lucanso 
wo  have  not  j;ot  the  ojiinions  fiom  Canada  which  arc  nece»ary  lo  enahlo  ns  to  pro- 
ceed. 

Yours,  etc., 

Ki;U'  I}Ai;i!iN(iTux. 

It  is  evideiit  from  this  correspoiidetice  that  irtlie  riiited  States  (iov- 
eminent  was  misled  iiiion  tht'L'.hl  Ajnii  intotlie  iielief'that  Iler  .Majesty's 
Goveniinent  eonhl  i)i(>('tH'd  in  tlie  matter  without  an  act  of  parliament, 
or  eoidd  priKteed  without  i)revions  refeicnee  to  Canaihi,  it  was  a  mistake 
whicli  must  have  been  entirely  dissii)ated  by  the  eoricspondeiice  which 
followed  in  the  (Misninj;'  week. 

My.  Blaine  is  also  niider  a  misconefption  in  imajiiniiio  that  1  ever 
gave  any  verbal  assurance,  or  any  jjromise  of  any  Iciiid,  with  icspcct  to 
the  terms  ot  the  i)roJ('eted  convention.  Iler  .Majesty's  (iovcinment 
always  have  been,  and  are  still,  anxious  for  the  arraiiyement  of  a  <'.oii- 
vention  whi(!h  shall  i)rovi(le  whatever  close  time  in  whatc'.or  localities 
is  necessary  for  the  pieservation  of  the  far  seal  sjacies.  'iiir  I  have 
represented  that  the  details  mast  be  the  snbje(;t  of  tliscnssion,  a  tlis- 
cnssion  to  which  those  who  are  locitlly  interested  innst  of  necessity  con- 
tribnte.  I  find  the  record  of  the  followin;^'  conversation  about  the  date 
to  which  iMr.  Blaine  refers: 


The  MuniuiH  »/  iydUtihurii  to  sir  L.   U'lxl, 

FoHKKiN  Oi'iiCK,  2lor('li  17,  IsSr". 

Sir  :  Since  forwardine  to  yon  my  dispatch  No.  'i'A  of  the '.iv.'d  nltiino.  I  have  hiH-ti  in 
connnunn'ation  with  the  Ixnssian  ambassador  at  this  court,  and  have  invited  his  ex- 
cellency to  ascertain  whether  his  (iovernnuMit  would  aiithori/.e  him  to  discnss  with 
>Ir.  Phelps  and  myself  the  sufrgestion  made  by  Mr.  Hayard  in  his  dispatch  of  thcj 
7th  Fei)rnary,  that  concerted  action  should  be  taki'n  by  the  United  .States,  Great 
Britain,  and  other  interested  powers,  in  order  to  preserve  from  extermination  th(!  fur 
seals  whi(di  at  certain  seasons  are  found  in  ISchrinu,'  Sea. 

Copies  of  the  correspondence  on  this  (|Uestion  which  has  passed  between  M.  de 
Staal  and  mystdf  is  inclosed  h(■re^^  itli. 

I  request  that  you  will  inform  Mr.  HayaKl  of  the  steps  whicli  have  been  taken,  with 
a  view  to  the  iiutiation  of  ne<^oti.itions  for  an  ajireemeiit  lietween  the  three  powers 
l»rineipally  (loncerned  in  the  nuiintenance  of  the  seal  tisht  rii  s.  Hut  in  so  doin.e  yon 
should  state  that  this  action  on  tlu;  i)art  of  Iter  .Majesty's  (iovcrnmcnt  must  not  b& 
taken  as  an  adnussion  of  the  rij;hts  of  jurisdiction  in  Belirini^  Sea  exei'cised  there  l)y 
the  United  States  authorities  during;  the  lishiui;  stiasons  of  l^S(i-'87  and  l-^S'-'ris,  nor 
as  art'ectiiij^  the  claims  which  Her  Majesty's  Government  will  Jiave  to  present  on  ac- 
count of  wrouj;ful  seizures  which  have  taken  i)lace  of  British  vessels  eugaiie<l  in  the 
seal  fishing  imiustry. 
I  am,  etc., 

Salismury. 


to 


In  pursuance  of  this  dispatch,  the  sngp:estion  made  by  Mr.  Bayard 
which  I  referred,  was  discussed,  and  negotiations  were  initiated  fo 


for 


au  agreeiuent  between  the  three  powers.    The  following  dispatch  con 


92 


(SKAI.    IMSIIKUIKS    OK    m.IIUlNi;    SKA. 


tiiiiis  tlie  rcconl  of  wliMl    I   Ix'licvc  was  tlu'  lli'st  iiioctiiijj:  betwt'on  tin- 
tlirc*'  jtowcrs  upon  tlic  siil)j('(;t : 

The  Marniiia  of  SaJishiirji  lit  Sir  L.   tfixl. 

I'oKKHiN  Oki'ici:,  Aiii'il  ir»,  IHH'*. 

Siu  :  Till'  KiiMsiiiii  Aiiiliartsadiir  ami  (In-  ruitt'd  StatoM  <'li'ii';;<^  d'airairi's  call*'*!  ii|i(iii 
me  tliiw  at'lcnio.Hi  to  disciis.s  tlir  ((iK'.stiuii  i>t'  till-  srul  lishorii's  in  lli'liiiii;!;  Sea,  wliicli 
had  lice II  lintii^lit  iiitu  iiniiniiu'iici'  hy  tin*  ii'cimiI  act  inn  of  tlir  I 'iiili'd  Slates. 

'I'lii-  1  iiitrd  Status  (ioMTiiiiiciit  had  fX|iif.sH(ul  a  drsiic  tliat  siniic  ayri'ciiicnt  hIioiiM 
I)'' arrived  at  lictwrcii  the  llircc  (Jnvfriiiiii'iiiH  Cor  the  |)iir|)i>si'  <il'  in'oliiiiit iii^  'lit! 
Mlaii;;htcr  lit' till' sials  diiiiii;;;  t  hi' t  iiiio  i)t' hrcfdiiij;- ;  and,  at  my  r('i[iii)sl ,  M.  dn  Stiiiil 
had  iililaiiK'd  iti.sti  iirt  ions  tVoni  liis  ( ioviMiimtint  mi  that  i|ii(>Htinn. 

At  this  picli miliary  disi'iission  it  w  as  di'ciih'il  iirdrisioniilh/,  in  nrdfi'  lo  J itrninh  a  Ixmis 
for  tiiijiiliiitiiin,  mill  irillnml  ilrjiiiilirrlii  jiliiliiiiiii  niir  (litri riiiiiiiils,  tliat  th<«  siiacc  to  lie 
I'DViTi'd  l>y  till'  ))i'ii|msc(i  cmiviMit  mil  shoiihl  hi'  tlii'  si'a  liotwcrn  Ami'iica  and  liiissiji 
mil  til  lit  tlif  17  th  dry;uM'  (d  hMlilmlc  :  that  tin'  rltisi'  tiiiii!  sin  Mild  fxti'iid  Ik  nil  tlit'  ITitli 
April  In  thi>  1st  NovriiihiT;  thai  diiriiij;  that  tiiiu-  thi'  slaii;f|ilcr  itfall  scalsshmilil  ho 
torUiddiMi,  and  vo.sscls  ontjajit'd  in  it  should  hi*  lialilc  to  sci/iiri'  hy  tlm  fi'iiisors  of  any 
of  I  he  thi'i'e  iKiWiTs,  and  should  hi'  lakoii  lo  ilic  port  of  tlii'ir  own  nationality  for  con - 
dcimialion;  that  the  Ivallii;  in  arms,  alcohol,  and  powder  slioiild  In-  prohibited  in  all 
the  islands  of  I  hose  seas;  and  that,  as  soon  as  llie  three  powers  had  concluded  a  con- 
vention, they  shoiili!  join  in  snimiilliim  it  for  the  assent  ot' the  other  miiiilinie  pow- 
ers of  the  northern  seas. 

The  United  Stales  charf;e  d'alfaires  was  exceedini;l\'  earnesl  in  iiressiiiu;  on  ns  the 
iiiil>ortam  e  of  dispatch,  on  aceoiml  of  the  iiiconceivalile  .-la lighter  that  had  lieeii  and 
was  still  ifoinyc  on  in  these  seas,  lie  staled  that  in  addition  to  the  v;isl  (|iiaiitity 
hr()iij;lit  to  market,  it  was  a  cmnnion  jnai  ,ice  for  those  eiinajred  in  the  trade  to  shoot 
all  seals  they  iiiinht  meet  in  the  open  sea,  .mil  that  of  these  a  i^ieat  iinmher  sank,  so 
that  tliiMi'  skins  could  not  he  recovered. 
I  am,  (;te., 

Samsiutky. 

It  was  iinpossibh'  to  state  luoio  distinctly  that  any  proposal  niado 
Avas  i)rovisional,  and  was  merely  niatU'  for  the  i)nrpose  ot'eiiiiblinf?  the 
requisite  nejiotititions  to  procee<l.  The  subsequent  dis(!iission  of  these 
proposals  was  undoubtedly  delayed  in  conseciuence  of  the  lenj^th  of 
time  occupied  by  the  C'iina<lian  (Jovernment  in  collecting  from  consid- 
erable distances  the  information  which  they  required  before  their  opin- 
ion on  the  subject  could  be  thoroughly  formed,  and  after  thiit  it  was  de- 
layed, 1  believe,  chielly  in  consetiueiice  of  the  political  events  in  the 
United  States  unconnected  with  this  ijuestion,  I  think  it  desirable  to 
correct  the  misconiteplions  which  have  arisen  with  respect  to  these 
tr.tnsactions,  ihouoh  I  do  not  think  that,  even  if  the  view  of  them  which 
is  trikcn  by  .Mr.  Blain«^  is  accurate,  they  would  bear  out  the  argument 
which  he  founds  ui)on  them. 

1  shall  be  ylad  if  you  will  take  the  oi)portunity  of  informing  Mr. 
Blaine  of  these  correlations. 
1  ani,  etc., 

SALISBrilY. 


'•j'^ 


No.  29. 
ISir  Julian  Paunccfote  to  Mr.  Blaine. 

WiVSillNGTON,  June  30,  1890. 

Sill:  I  have  received  a  dispatch  from  the  Marquis  of  Salisbury  with 
reference  to  the  passage  in  your  note  to  me  of  the  4th  instant,  in  which 
you  remark  that  in  188S  his  lordship  abruptly  closed  the  negotiations 
becau.se  "the  Canadian  government  objected,"  and  that  he  "assigned 
no  other  reason  whatever." 

In  view  of  the  observations  contained  in  Lord  Salisbury's  dispatch 


SHAL    I'ISIIKKIKS    OF    liKIIKING    SKA. 


93 


>ll  tllc 


Klllld 

iij;    lliu 
Htiial 

to  he 

•  ■  ir.tli 
iild  1)0 
if  iiiiy 

>r  con- 
ill  all 

.  il   COIl- 

li   [low- 


ol'  IIk'  LMKli  ol'  .liiiH',  ul  which  ii  copy  is  iiiehtscd  in  my  hust  lut'ci'diii;; 
iiot^'  of  this  (late,  his  h)i'lHlii|»  «Um'mis  il  imiicccssarv  !<•  discuss  :\\  any 
^iivatcr  h'lijitli  the  ciiciii  istaiiccs  wiiich  h'tl  to  an  iiit«'rni|iti(»ii  oi'  the 


iiieiit,    said  Mr.  IMicips,  "with  a  j^ciuTal  election  inipendinji',  it  would 
be  of  little  nsc,  and  indeed  hardly  practit-ahle,  to  c(iii(inct  any  ne;:(»(ia- 
tioii  to  its  issue  before  the  election  had  lakcii  place." 
1  have,  etc., 

Julian  PAX^NrEFOTE. 


Xo.  ;5(). 


Mr,  Blaine  to  »S'<r  •hdUin  Pannvefote. 

J)EFAUTMKM'J'   01'    STA'JM;, 

Sill:  Your  note  of  the  27th  ultimo,  coveriii};-  Lortl  Salisbury's  reply 
to  the  friendly  sM,u;;estion  of  the  President,  was  duly  received.  It  was 
the  desif^n  of  tin*  rresideiit,  if  Lord  Salisbury  had  been  favorably  in- 
clined to  his  -jiroposition,  to  submit  a  form  of  settlement  for  the  eonsid- 
eration  i)f  Her  Majesty's  (iovernment  which  the  President  believed 
would  end  all  disi)ut<'  touehiii;^  privile};es  in  P.ehrin;',  Sea.  lint  Lord 
Salisbury  ivfused  to  accei)t  the  i)roj)osal  unless  the  President  should 
^' forth n-'itli'''  ac(!epta  formal  arbitration,  which  His  Lonlship  prescribes. 

Th(!  Presiilent's  reipiesi  was  made  in  the  lutpe  tliat  it  mi^^lit  lead  to  a 
friendly  ba-sis  of  agreement,  and  he  can  not  think  that  Lor<l  Salisbury's 
proposition  is  res])onsive  to  his  suji'j;estion.  I>e.sides,  tiie  answer  comes 
so  late  that  it  would  be  impossible  now  to  i>roceed  this  season  with  tUo 
iiegotiation  the  President  had  desired. 

All  afi'reement  to  arbitrate  recjiiires  careful  (ionsideration.  The  United 
States  is  i)erhaps  more  fully  committed  to  that  form  of  international  ad- 
instment  tlian  any  other  j»ower,  but  it  can  not  (ioiisent  that  the  form  in 
which  arbitration  shall  be  undertaken  shall  be  decided  without  full  con- 
sultation and  conference  between  the  two  (iovernments. 

1  be^'  further  to  say  that  you  must  have  inisapprelieiide<l  wliat  I  said 
toucliing-  British  claims  for  injuries  and  losses  allej^'ed  to  have  been  in- 
flicted ui)oii  British  vessels  in  J'x'hriiifj  Sea  by  ayents  of  the  United 
States.  My  de(daratioii  was  that  arbitration  would  lo^icail\  and  neces- 
sarily include  that  point.  It  is  not  to  be  conceded,  but  tlecided  with 
other  issues  of  far  greater  weight. 

1  have  the  honor  to  be,  sir,  etc., 

James  G.  P>laine. 


94 


SEAL    FISIIKUIKS    OF    HKIIKINU    SKA. 


Xo.  :n. 

Mr,  llloiuc  to  Sir  Julian  I'aviicc/otc, 

H.vu  llAini("i{.  .Maim;,  .hili/  1!»,  isiio. 

SlW  :  1  rcyrct  tliiit  ('irciiiiisliiiicrs  beyond  iii.v  cnuirol  Uaw  post  poiicd 
iiiy  reply  to  yoiif  t\\<)  notes  ol'-Iiiiie  .WUli.  w  liicli  were  received  on  the  1st 
instiiid,  on  the  eve  of  my  h'ii\in«i  Washin^^ton  lor  this  |»hi('e.  Tlie  noto 
wliieh  eaine  to  liand  on  tln^  forenoon  of  that  <hiy  iiM*h)s»'d  a  dispatch 
from  Lord  Salisl)nry,  in  whicli  liis  lt)rdship,  referring- to  my  note  of  May 
2!Mli, expresses  '-a  wish  to  point  ont  sonu'  errors"  whit-h  he  tliinks  I  "  had 
yatliercd  from  tlie  records  in  my  o(lic«s'' 

'I'he  purpose  of  Lord  Salisbury  is  to  show  that  \  misapprehended  tho 
facts  of  the  case  when  I  represented  him,  in  my  note  ol  .Mjiy  l'!).  as  hav- 
iiijf  yiven  sncii  "verbal  assurances"  to  Mr.  IMielps  as  warituited  the 
latter  in  e\pe('tin;i  a  c(»n\»'ntion  to  be  eoiu'lndetl  between  the  two  Gov- 
ernments for  the  protection  of  the  seal  tislicries  in  liciirinji'  iSea. 

►Speakiiijuf  diicctiy  to  this  point  his  lordshiji  says: 

}ilv.  IMiiiiic  is  iiihUu' fi  miHconui'iitioii  in  iin;ij;iiiiii;!'  tliaf  1  cvi-r  <i;avt(  any  vorl)al  as- 
snrani'i' iir  any  pioMiist' of  any  kind  wifli  icHjicct  to  tlit;  terms  oi'  tlic  jtroimscd  ron- 
viMition. 

In  answer  to  this  statement  1  bo;;'  you  will  say  to  Lord  Salisbury  that 
1  simply  (pioted,  in  my  imte  of  ^lay  liU,  tiio  facts  communi<!ated  by  our 
minister,  Mi.  IMielps,  and  our  char^^e  d'allaircs,  ^Ir.  White,  who  are  re- 
sponsible for  the  otlieial  statements  made  to  this  Governnu-nt  at  <lilfer- 
eut  stages  of  the  seal  lishei'ies  ne^i'otiation. 

On  the  lioth  day  of  February,  18S8,  as  already  stated  in  my  note  of 
May 2!)th,  Mr.  IMielps  seutthe  following  intelli<>ence  lo  Secretary  Jiayurd, 
viz : 

Lord  Sali.sltnry  assc  ts  to  yonr  ])roi)osition  to  ostablisli  l>y  nnitnal  arran<joineut 
between  t lie  OoverninentM  interested  a  close  time  lor  i'nr-sealH  between  April  I'ltli, 
and  Novemlier  1st  in  eaeli  year,  and  lietween  Kid  dej^rees  ot  lonjj;itnde  west,  and  170 
decrees  of  lonj^ilmhi  east  in  tin;  Jitduiii".','  Sea,  And  lie  will  e.anse,  an  aetto  he  intro- 
duced in  Parliament  to  {iiveeU'ect  to  this  arranji'einent,  so  soon  as  it  can  he  pre]iared. 
In  his  o|iiniim  tiiere  is  no  donht  tliat  t he  act  will  he  iiassed.  He  will  also  join  the 
I'nited  Statew  (iovermnent  in  an>  in'eventive  measnres  it,  may  he  thonj;ht  hest  to 
adopt  hy  orders  issned  to  the  naval  vessels  of  the  rt.'ai)ective  Goveriniu'nls  in  that 
rej^ion. 

Mr.  Phelj)s  has  lou^i'  been  known  in  this  country  as  an  able  lawyer, 
ac(!urate  in  the  use  of  words  and  discriminating  in  the  statement  of 
facts.  Tiie  (lovernmeiit  of  the  rniled  States  neciessarily  reposes 
implicit  confidence  in  the  literal  correctness  of  the  dispatch  above 
<pu)ted. 

Some^^ime  after  the  foregoing  conference  between  Lord  Salisbury  and 
^Ir.  rhelps  had  taken  place,  his  lordship  invited  the  liussian  ambas- 
sador, M.  de  Statd,  and  the  Americiin  charge,  Mr.  White  (Mr.  Phelps 
being  tibsent  Irom  London),  to  a  conference  lield  at  the  foreign  otlice 
on  the  Kith  of  Ai)ril,  touching  the  Behring  Sea  controversy.  This 
conference  wtis  really  ctdled  at  the  request  of  the  liussian  ambassa- 
dor, who  desired  that  Russian  rights  in  the  liidiring  Sea  should  be  as 
fully  recognized  by  England  as  American  rights  had  been  recognized 
in  the  verbal  agreement  of  Februarv  ^'t  between  Lord  Salisbury  and 
Mf.  Phelps.  The  liussian  aud)assador  received  from  Lord  Salisbury 
the  assurance  (valuable  also  to  the  United  States),  that  the  protected 
area  for  seal  life  should  be  extended  southward  to  the  47th  degree  of 
north  latitude,  and  also  the  pronnse  that  he  would  have  "a  draught 


SKAL    ItSllKKIES    (•!'    |;k1II{IN(>    SKA. 


96 


convention  |M<'|iiuv(l  tor  s'il)niis>iiiMi  to  the  Ivussiiin  jniiltii.ss;i(|uiiiii(|  thn 
Ann  licMin  cliiir^'c" 

Tiord  Siilisl)nr,\  now  coiifiKls  tliat  ;ill  tlic  |»t()('('t'(liii;;\s  ;it  tlic  (•<iiili«r- 
tMKU'  ol'April  Kiarrto  Im- rt';;iir<l«'(l  asonl.v  "/*/•(, r/.v*o««W.  in  urdtr  (o  fur- 
nish (I  hiLsin  for  nctfittitifion,  oiul  U'ilhnut  thfiiiilrl//  })hthiin(f  our  dorvrn- 
litcnt.^'  While  the  iiiitlcist.iii'iinji of  tlii.s  (iovt-ninitMit  ''ilicrs  IVdin  tiiat 
niaintaiMi'd  liy  Lord  Salisl»iir.\,  I  luii  insinictt'd  l)v  tlic  I'rcsidt'nt  tosay 
that  the  I'nitcd  Statt's  is  uiliiiii;  to  <M>ii>ii(lfr  all  the  |)i(>('(M'diiit>.s  df 
Ajnil  Hi,  ISSS,  i\^  caiiccltwl.  so  lar  as  Anii'iican  li^ihts  may  Im»  con- 
cerned. 'I'his  (iovenmieut  v.dl  ask  (lieat  lii'Maiii  to  adhere  (iid.\-  to  the 
.i^icenient  made  lietwcen  Loi'd  .Salislmiy  and  .Mi.  I'liclps  cm  tiir  i.'."»lli 
i)\'  l'\'Iniiaiy,  ISSS.  That  was  an  agreement  made  directly  between  the 
two  ( Jovernnients  and  did  not  iiielnde  the  iiy:hts  of  lliissia.  Askin;;' 
lionl  .Salisbury  t(»  adln-n  to  the  a;j;reeiiieiil  of  I'ebriiaiy  L'."),  we  leave 
the  agreement  (»t  Ai)ril  1<>  to  be  maintained,  iC  maintained  at  all,  by 
Jtnssia,  lor  whose  cause  and  for  w'lose  advanta^^e  it  was  particularly 
<lesi;'ne(|. 

While  Lord  Salisbury  makes  a  general  denial  of  havin;^  ;;i\en  '•  \ei  bal 
assuiaiiees,"  he  has  not  made  a  special  tleiiial  touching-  the  a;;reemeiit 
between  hiniseli'  and  Mr.  i'help.s,  whicdi  .Mr.  Thelps  has  reported  in 
special  detail,  and  the  correctness  of  wliii^h  he  bis  since  specially  af- 
tinned  on  more  than  ime  occasion. 


In  your  second  note  (»f  dune  .»(),  rciceived  in  the  aft   r 
you  called  my  attention  (at  liord  Salisbury's  re(iuest) 
which  I  nude  in  mv  note  of  June  I  to  this  etl'ect: 


oon  of. I  Illy    1, 
;•'  a  statement 


It  U  cvidi'iit,  ilicri'forc,  that  in  1~H~  \j(m<\  Sulislmry  al>riii'  'y  cldstMl   tiio   iii'i;otin- 
tion  lifcaiiHf,  in  lii.sowii  iihrasc,  "tlii'  (.'aiiailiaii  (in\crimii 'it  kIiJccOmI." 

To  show  t^  ;>'  'here  were  other  causes  for  elosinj;  tiie  negotiation 
Lord  Salisbury  (U'sires  that  attentioii  be  called  to  n  r« mark  mtidi'  to 
him  b_\  Mr.  IMielps  on  the  'M  day  of  Ai)ril,  issS,  as  follows:  ''('nder 
the  peculiai'  circumstances  of  America  at  this  moment,  with  a  ■general 
election  impendinj'-,  it  would  be  of  little  u.se  and  imieed  hardly  practi- 
cable to  comluct  any  nej^i»tiation  to  its  issue  befoie  the  general  elec 
tion  has  taken  i>lace." 

J  am  quite  ready  to  admit  that  su(!li  ii  statement  made  by  .Mr.  Phelps 
mi<;ht  now  be  adduced  as  one  of  the  reasons  for  breakiii<;'  olT'th<^  nej^o- 
tialioii,  if  in  fact  the  negotiation  had  been  then  broken  oil',  but  Lord 
{Salisbury  immediately  proceeded  with  the  negotiation.  The  remark 
ascribed  to  Mr.  IMielps  was  made,  as  Lord  Salisbury  states,  on  the  .'id  of 
April,  LSS8.  On  the  ."ith  of  A]»ril  Mr.  IMielps  left  Loiid(Ui  on  a  visit  to 
the  United  States.  On  the  (ith  of  Ai»ril  Lord  Salisbuiy  addressed  a  pri- 
vate note  to  Mr.  NN'hite  to  meet  the  Iviissiaii  ambtissador  at  the  foreign 
oflice.  as  he  had  api)ointt'(l  a  meciin^  toi'  April  1(5  to  discuss  the  (jiics- 
tions  at  issue  concerniiiji'  the  seal  ti-heries  in  Behriui;  Sea. 

On  the  2'M  of  April  there  was  some  (correspondence  in  rej^ard  to  an 
order  in  c(uincil  andan  act  of  rarliament.  On  the  L'Tih  of  Ajnil  L'lider 
Secretai'y  Barriii{>ton,  of  the  toreigu  ollice,  in  an  ollicial  note,  intbriued 
jMr.  White  that  *'  the  next  step  was  to  bring  in  an  act  of  Parliament.'' 

On  the  liSth  of  April  Mr.  White  was  inlbrmed  that  an  act  o!  Parlia- 
ment would  be  necessary  in  .uidition  to  the  or<ler  in  council,  but  that 
"  neither  act  nor  order  could  be  draughted  uniil  Caiimla  is  heard  from.'''' 

Mr.  Pheli)s  returned  to  London  on  the  -2d  ot  June, and  immediately 
took  up  the  subject,  earnestly  i)resHing-  Lord  Salisbury  to  come  to  a 
conclusion.  On  the  liHtb  of  July  he  telegrajdied  his  Government  ex- 
pressing the  "  fear  that  owing  to  Canadian  opi)o.siiion  we  shall  get  no 
couveution." 


B 


96 


SEAL    FISHERIES    OF    I5E.1UINCI    SEA. 


On  the  12tli  of  SeptembtT  Mr.  Phelps  wrote  to  Secretary  Bayartlthat 
Lord  fSiilisburv  had  .stated  tliat  "  the  Canadian  (Jovernnient  objected 
to  any  snch  restrictions  [as  those  asked  for  the  ])rotection  of  the  seal 
fislieiiesj,  and  that  nntil  Canada's  consent  couhl  he  obtained,  Her  Maj- 
esty's Government  was  not  wilUny  to  enter  into  the  convention.'' 

1  am  jnstified,  therefore, in assnming-  that  Lord  Salisbury  can  not  recur 
to  the  remark  of  Ah'.  Phelps  as  one  of  the  reasons  for  breaking  off  the 
negotiation,  because  the  negoti>'^ion  was  in  actual  progress  for  more 
than  four  months  alter  the  renuirk  was  nnule,  and  ]\lr.  Pheli»s  himself 
took  large  ]>art  in  it. 

Upon  this  recital  of  facts  1  am  unable  to  recall  or  in  any  wa.y  to 
qualify  the  statement  which  1  made  in  my  note  of  June  4th,  to  the  effect 
that  Lord  Salisbury  "  abruptly  closed  the  negotiation  because  the  Ca- 
nadian Government  objected,  and  that  he  assigned  no  other  reason 
whatever." 

Lord  Salisbury  expresses  the  belief  that  even  if  the  view  I  liave 
taken  of  these  transactions  be  accurate  they  would  not  bear  out  the 
argument  which  1  found  upon  them.  Tiie  argument  to  which  Lord 
Salisbury  refers  is,  J  presume,  the  rcmonsti-ance  which  I  nnule  by  direc- 
tion of  the  President  against  the  change  of  policy  by  Her  jNLijesty's 
Government  without  notice  and  against  the  wish  of  the  United  States. 
The  interposition  of  the  wishes  of  a  British  province  against  the  con- 
clusion ol'  a  convention  between  two  nations,  which,  according  to  Air. 
Phelps,  "/w<?  been  virtuaUij  agreed  upon  except  as  to  details,''^  was  in  the 
President's  belief  a  grave  injustice  to  the  Government  of  the  United 


States. 


1  have,  etc., 


James  G.  Blaine. 


'1 


r 


i-    i 


'W-' 


')' 


Ui 


